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ARCHITECTURAL CONTROL COMMITTEE – POLICIES & PROCEDURES Page 1 of 65 ACCPoliciesProceduresV03.3 ACC Policies & Procedures September 15, 2019
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Page 1: ACC Policies & Procedures - homesteadmillsriver.com · ACC Policies & Procedures . September 15, 2019 . ARCHITECTURAL CONTROL COMMITTEE – POLICIES & PROCEDURES . ... Final Design

ARCHITECTURAL CONTROL COMMITTEE – POLICIES & PROCEDURES

Page 1 of 65 ACCPoliciesProceduresV03.3

ACC Policies & Procedures

September 15, 2019

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Table of Contents Table of Contents ......................................................................................................................................... 2

1. Definition of Terms ........................................................................................................................................................ 4

2. Introduction ..................................................................................................................................................................... 5

3. Overview of Architecture Control Committee (ACC) .......................................................................................... 7

4. Builder Approval Process ........................................................................................................................................... 9

5. Design Review Process for New Home Construction (NHC) ........................................................................... 10

6. Change Request Process .......................................................................................................................................... 14

7. New Home Construction Process ........................................................................................................................... 15

8. Design Review Process for a Home Improvement Project ............................................................................... 21

9. Ancillary Processes - Owners .................................................................................................................................. 23

9.1 Variance Request ............................................................................................................................ 23

9.2 Appeals ............................................................................................................................................ 23

9.3 Compliance Deposit Conversion .................................................................................................... 24

9.4 Infraction Enforcement ................................................................................................................... 24

9.5 PERC Testing ................................................................................................................................... 24

10. Ancillary Processes – ACC ..................................................................................................................................... 25

10.1 Project Expense Tracking................................................................................................................. 25

10.2 Architectural and Landscape Design Principles and Standards Amendment Process ............... 25

10.3 ACC Processes and Policies Amendment Process ........................................................................ 25

11. Policies ........................................................................................................................................................................ 26

11.1 Communications .............................................................................................................................. 26

11.2 Approvals ......................................................................................................................................... 26

11.3 New Home Construction ................................................................................................................. 27

11.4 Home Improvement Projects .......................................................................................................... 32

11.5 Enforcement and Appeals .............................................................................................................. 32

11.6 Conflict of Interest ........................................................................................................................... 32

12. Builder Rules ............................................................................................................................................................. 34

APPENDIX A – Builder Application Form .............................................................................................................. 39

APPENDIX B – Builder Insurance Requirements ..................................................................................... 41

APPENDIX C – New Home Construction Application Form .................................................................... 42

APPENDIX D – Preliminary Design Review Documentation Requirements ........................................... 43

APPENDIX E – Final Design Review Documentation Requirements ...................................................... 44

APPENDIX F – Site Plan Requirements .................................................................................................... 46

APPENDIX G – Final Landscape Plan Document Requirements ............................................................ 47

APPENDIX H – Change Request Form ..................................................................................................... 48

APPENDIX I – Infractions and Violations ................................................................................................. 49

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APPENDIX J – Appeal Request Document Requirements ...................................................................... 50

APPENDIX K – Home Improvement Application Form ............................................................................ 51

APPENDIX L – Owner Affidavit ................................................................................................................. 53

APPENDIX M – Builder Affidavit ............................................................................................................... 54

APPENDIX N – Variance Request Form .................................................................................................... 55

APPENDIX O – PERC Test Request Form ................................................................................................ 56

APPENDIX P – Builder Approval Checklist – For Internal ACC Use Only .............................................. 57

APPENDIX Q – Builder Reference Checklist – for internal ACC use only .............................................. 58

APPENDIX R – Inspection Checklists ....................................................................................................... 59

APPENDIX S – Sample Document – Landscape Plan .............................................................................. 64

APPENDIX T – Sample Document – Site Plan .......................................................................................... 65

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1. Definition of Terms

ACC – abbreviation reference to the Architectural Control Committee.

Approved Plan – refers to a new home construction (or home improvement) architectural and landscape design plan which has been submitted, reviewed and approved by the ACC. This is the plan of record under which a new home construction project is executed. Association – reference to the Homestead at Mills River Property Owners Association, Inc.

Board – reference to the Board of Directors of the Homestead at Mills River Property Owners Association.

Builder – refers to the home builder, general contractor, or a home remodeler.

Change Request - any modification or addition to the Approved Plan, requires a review and approval before it can be incorporated into those plans. A change request is the process by which that modification or addition is incorporated into the Approved Plans. Community - reference to the Homestead at Mills River residential community.

Consultants – generally referring to the building architect(s) and/or landscaping architect(s) under contract to the POA for subject matter expertise, advice, counsel and reviews. Design Plan - refers to the set of documents that contain the home design elevations and floorplans. Design Plan of Record – refers to a set of documents that contain the home design elevations and floorplan, and any change requests that have been collectively approved and duly recorded by the ACC in accordance with the Architecture and Landscape Design Standards for the Homestead at Mills River. HI – abbreviation reference for Home Improvement.

HMR – abbreviation reference to the Homestead at Mills River residential community.

NHC – abbreviation reference for New Home Construction.

Owner – reference to a lot owner or homeowner in the Homestead at Mills River community.

P&P – refers to the Homestead at Mills River ACC Policies and Procedures document.

POA – abbreviation reference to the Homestead at Mills River Property Owners Association.

Property Management Company – reference to the current property management company under contract to service the POA. Resident – reference to a homeowner in the Homestead at Mills River community.

Site Plan – refers to the lot schematic inclusive of residence and secondary building footprint, all above-ground structures, placement locations for exterior HVAC units, exterior lighting fixtures, driveways, walkways, patios and other paved surfaces, well and septic locations, and septic drain fields. Standards – refers to the Homestead at Mills River Architectural and Landscape Design Principles and Standards document. Variance – refers to a feature/or element of an architectural or landscape design plan that does not comply with the Architectural and Landscape Design Principles and Standards. It therefore requires a variance. Variances are granted by the Board.

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2. Introduction Philosophy Maintaining the beauty and integrity of the natural environment in the Homestead at Mills River is of the utmost importance and is the underlying premise on which these guidelines are based. Homes are to be designed to enhance the aesthetic appeal of the mountains and woodlands, fitting into the site without competing with its natural value. Selecting home plans that are inspired by, but not limited to, the Arts and Crafts, Mountain Rustic, French Country and Rustic Timber Frame styles of architecture will ensure the overall design consistency of this community. Purpose of Document The purpose of this document is to familiarize owners with the objectives, scope and application of design standards and restrictions which will be used to maintain the aesthetic appearance and environmental quality of the community. The document provides specific design standards and guidelines that have been adopted by the Board of Directors. It also explains the application and review processes, administered by the Architecture Control Committee (ACC), that must be adhered to by owners seeking approval for any exterior modifications or changes to their homes or lots which are subject to approval by the Association. How This Document is Organized This document is organized to make it as simple as possible for an owner to look up relevant information regarding construction and home maintenance projects in the Homestead. The document is organized in four major sections: (1) Overview of the ACC; (2) Processes; (3) Policies; (4) Builder Rules. The appendix section in the back contains checklists, application forms, and other related documentation. The Process Documentation section is easy reference for owners/residents to see the steps involved and expected timeframes for New Construction, Home Improvement and other undertakings.

• Process Documentation Sections 4 - 10 A. Builder approval B. Design review process for New Home Construction (NHC) C. Change requests D. New home construction – all phases of build, inspections, and approvals E. Home improvement projects – application, review and approvals F. Ancillary processes – appeals, design standard amendments, violations

The Policies and Rules sections defines the regulations that the ACC and POA members adhere to. It also includes rules that builders and contractors are required to comply with during the course of their work activities within the Homestead. For easy reference there is also a section on common home improvement projects.

• Policies Section 11 A. Communications B. Approvals C. New Home Construction D. Home Improvement E. Enforcement and Appeals

• Builder Rules Section 12 A. Construction Rules & Hours B. Construction Site and Community Security C. Construction Activity Zone D. Construction Site – Parking / Materials / Equipment E. Construction Site – Behaviors / Nuisance F. Responsibilities

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G. Gate Access for Builders / Contractors Last, there is also an appendix for explicit forms, checklists and other reference materials.

• Appendices A. Builder application form B. Builder insurance requirements C. New home construction application form D. Preliminary design review requirements E. Final design review requirements F. Site plan requirements G. Final landscape plan requirements H. Change request form I. Infractions and violations - schedule of fines J. Appeal request document requirements K. Home improvement application form L. Owner affidavit M. Builder affidavit N. Variance request form O. Builder approval checklist P. Builder reference checklist Q. Inspection checklists

Updates to the Standards The ACC will hold a periodic review of all existing architectural and landscape requirements. The document review will occur at a minimum of every three years. It would be anticipated that the majority of the potential changes would primarily be either additive or clarification; and would not necessarily involve substantive changes of existing processes, procedures, rules, or regulations. Subsequent updates and changes will then be incorporated in an updated set of the Standards document. Upon approval by the board, the new document will be published and available to the community.

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3. Overview of Architecture Control Committee (ACC) Objective of the ACC The ACC’s objective is to assure the orderly development of an environmentally attuned and harmonious community, preserving the natural beauty of the Homestead and thereby enhancing the value of each lot owner’s investment. This will be accomplished by reviewing all proposed projects for compliance with rules for design and construction as described herein. The purpose is to preserve aesthetic qualities, i.e., curb appeal, of the development and the quality of living in the community. Role of the ACC The role of the ACC is to establish, maintain and administer processes and procedures in the oversight of all New Home Construction and Major Improvement projects in the community. The ACC is responsible to manage and direct the work of external consultants to assess, review and provide feedback throughout all stages of the project. Scope of ACC Plans for any projects of construction within the Homestead must be submitted to, and approved by, the ACC. Such projects include any construction, modification, exterior remodeling, and landscaping, including but not limited to:

• New home construction • Additional or accessory building structures, roads, driveways, parking areas, patios, decks, gazebos,

firepits, wells • Grade modification including cutting, filling, regrading, or any drainage modification work • Altering the exterior of existing structures in any way, including repainting, re-staining, reroofing,

replacing windows or doors, etc. • Landscape features: water features, additional plants, walls, fences, walkways, outdoor lighting,

outdoor living areas. Role of the Owner/Resident It is the important that the lot owner/resident read and comply with the governing documents for new home construction and home improvements at the Homestead. Ultimately, it is the responsibility of the lot owner to review the New Home Application or Home Improvement Application for completeness and ensure the timely submission of all required documents (consistent with the current version of the Standards) to the ACC, even if it is prepared by an architect or builder on behalf of the lot owner. Additionally, each lot owner is responsible for ensuring those individuals acting on their behalf are aware of the requirements contained in the Standards relating to the preparation and submittal of the New Home Construction or Home Improvement Applications as well as being in compliance with the policies and procedures contained in this document. Composition of the ACC The ACC is appointed by the Board of Directors and reports directly to the Board. The ACC is composed of not less than three (3) residents who are volunteers from the community, and two (2) external consultants. The consultants are professionals in their respective fields of Architecture and Landscape Design. There are no set term limits for the ACC members. Committee members will self-regulate participation so as changes in membership will be staggered.

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Responsibilities of the ACC

• Communication: The ACC is responsible for communicating with POA members and the Board about NHC and Home Improvement Projects. Communications with homeowners focuses on clarifying and explaining the Standards as well as the ACC Policies and Procedures. The ACC will keep the board apprised of the status of on-going projects as well as any variance requests, appeals, or other issues that may arise. The ACC will also coordinate communications with its professionals/consultants and the community’s property management firm.

• Administration: The ACC is responsible for the administration of the community’s New Home Construction and Home Improvement Procedures. This includes coordination and management of the POA’s professionals/consultants. The ACC is also responsible for ensuring the community’s property management firm properly maintains the documentation and records necessary for NHC and Home Improvement projects.

• Enforcement: The ACC is responsible for enforcing the community’s Polices and Standards, and assisting the board with the evaluation of any appeals.

• Maintenance: The ACC is responsible for the on-going maintenance and updating of the community’s Architectural and Landscape Design Principles and Standards, and its Policies and Procedures.

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4. Builder Approval Process Introduction: The ACC screens builders to protect the interests of the community. A new home construction project can last more than a year, and impacts everyone in the community. Consequently, the community has an interest in ensuring that contractors have a history that demonstrates an ability to build projects representative of our standards in a mountain setting, adhere to community rules and has the financial wherewithal to see a project through to successful completion. Notes:

For new home construction a North Carolina licensed general contractor holding an unlimited or intermediate license classification may construct a new home on any properties in the Homestead.

For home improvement projects that require use of a NC licensed general contractor, a limited license is acceptable, if commensurate with the scope of work.

Inputs:

• Builder Application (see Appendix A) • Builder Insurance Requirements (see Appendix B) • Builder Approval Checklist • Builder Reference Interview Checklist

Process Steps:

1. POA member will submit a completed Builder Application to the ACC. 2. The application will be reviewed for completeness, and will be returned if incomplete. 3. ACC will conduct its review (see Builder Approval Checklist). 4. ACC will issue an approval/disapproval letter/email to the POA member

o Disapprovals will be reviewed with the Board, before they are issued Outputs:

• This process is expected to take 30 days, after a complete application has been accepted. o Home Builders/Contractors that have worked in the community previously will probably be

addressed more expediently • Notice of approval/disapproval will be provided to the POA member as soon as practical

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5. Design Review Process for New Home Construction (NHC) The primary responsibility of the ACC is to ensure that NHC projects adhere to the Architectural Design Standards the community has adopted. The ACC is charged with protecting the integrity of the community by ensuring that each NHC project adds value to the community. The Standards have been adopted to provide a framework for this task. The ACC uses professionals/consultants to evaluate home designs against those Standards, before issuing any approvals or feedback. The Design Review process for NHC is divided into four stages: Orientation Meeting, Preliminary Plan Review, Final Plan Review, and Landscape Review. This process has been segmented to ensure that NHC projects that proceed to the Final Review/Approval stage are most likely to meet the required Standards and be approved. There is no cost for the Orientation Meeting. The ACC has a budget for professionals/consultants to review a typical NHC project. These costs are reflected in the Architectural Preliminary Review, Final Review, and Landscape Review Fees (see Fee Schedule - 11.3.D). If an NHC project takes more consultant/professional time than budgeted to complete the review process due to an inordinate number of changes, incomplete or inadequate drawings or specs, unusual delays in providing requested information, etc., additional fees will be required. Review fees reflect the costs the Association incurs in reviewing and approving a project. The Home Construction Approval process is expected to take 30 days, once a builder has been approved and a complete NHC application has been accepted. However, the complete approval process is typically iterative and may take more time. The process often requires changes to plans and multiple consultations. Delays in processing changes or responding to queries, can drag this process out. Prompt and complete responses to comments can help keep the review process on schedule.

Notes: No pre-construction activity (site preparation, clearing, marking, etc.) is allowed before Final NHC

Approval has been granted (see ACC Policies). Reviews and Inspections, conducted on behalf of the ACC by our consultants, are strictly limited

in scope to presenting an opinion to the ACC as to whether or not the home, plans, or lot improvements, conform to the Architectural and Landscape Design Principles and Standards. Their work does NOT include any review or assessment as to the constructability, cost of construction, compliance with codes, laws and applicable regulations, assessment of the structural stability of foundations, walls, framing and roofs, any performance criteria associated with any material specified in the plans, contractor’s means and methods or compliance by contractor with OSHA or other health safety issues.

There are four subprocesses in the beginning-to-end design review process. They are as follows:

Orientation Meeting

Preliminary Plan Review

Final Plan Review

Approval Construction Starts

Final Landscape Plan

Review

#1 #2 #3 #4

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#1 - Orientation Meeting The HMR has evolved over more than 10 years. Over that period, our Standards have evolved and the homes that have been built here have varied from the current Standards. Consequently, not all homes that have been built here in the past, would be approved to be built here now or in the future. The purpose of the orientation meeting is to ensure that lot owners and prospective lot owners have a clear understanding of our current Standards as well as our Procedures and Policies for completing an NHC project here. The ACC will make itself available to anyone who is interested in building here, to ensure that these expectations are clear and to answer any questions we can about the Standards or Policies and Procedures. Process Steps

1. POA members and/or prospective POA members can contact the ACC to schedule an orientation meeting.

2. The ACC will tour the community and discuss the current Architectural and Landscape Design Principles and Standards and ACC Policies and Procedures.

3. The ACC will answer any questions it can about building in the HMR. 4. The ACC will NOT provide any approvals or decisions about any proposed project at this meeting.

Approvals and variances have specific steps and documentation requirements (see Procedures). This meeting will not supplant any of those processes or their requirements.

Note: We expect the review processes below will be completed within 2 weeks, once a complete

submission is accepted. However, scheduling issues, consultant’s availability or work load, and/or other unanticipated events may require additional time. The ACC will notify the property owner as soon as it identifies any delays in the process.

#2 - Preliminary Plan Review The cost of developing a full set of architectural plans is substantial. To give a project the best chance of successfully completing a Final Review at a reasonable cost, the ACC will conduct a preliminary review of a proposed project, with a minimum set of documentation requirements, as early in a project’s development as possible. The intent of this meeting is to provide the lot owner with the opportunity to minimize his investment in architectural design costs and the time required to complete the review process. Inputs

• Complete New Home Construction Application Form (Appendix C) • Complete set of drawings, as per the Preliminary Design Review Documentation Requirements

(Appendix D) • Submittal of required fees (see fee schedule – 11.3.D)

o Architectural Preliminary Review Fee Process Steps

1. The NHC application and drawings will be reviewed for completeness. o If the application is incomplete or there are missing plans, the application will be returned to the

homeowner o The review clock does not start until the homeowner has received notification that the application

has been accepted 2. The ACC will forward the application to its consultants, initiate the review process, and determine target

date for report out. 3. The HMR’s consultants will conduct their review and issue a report

o The report will identify any aspects of the plan that the consultants have concluded are incompatible with our Standards

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o The report may include general recommendations on how the plans might be brought into, BUT it is not the responsibility of the consultants to resolve any deficiencies

Outputs • Report identifying issues with the plans that the consultants have concluded are incompatible with the

Standards o Identified items must be resolved before approval will be issued in the Final Design Plan Review

#3 - Final Plan Review The Final Review is the most critical part of the entire NHC design review process. The results of this phase are the plans and documentation that will be used to conduct all future reviews and inspections, and is our last opportunity to make sure that the home plans are esthetically and technically in compliance with the community Architectural Design Standards. As a consequence, the specifications or requirements for the documents required to conduct this review are extensive (see Appendix E). Also, fees must be paid in advance, because the investment in consultant time is significant. Finally, any issues identified during this process must be addressed, resolved and documented in a new set of new plans, before Final Approval will be issued. Inputs

• Duly executed Owner Affidavit (see Appendix L) • Submittal of required fees (see fee schedule – 11.3.D)

o Architectural Final Review Fee o Landscape Review Fee o Construction Inspection Fee o Owner Compliance Deposit

• Complete set of drawings, per the Final Design Review Documentation Requirements (see Appendix E) • Preliminary Design Plan Review Report

Process Steps

1. The Final Review Application will be reviewed for completeness and complete applications will be forwarded to the ACC’s consultants.

2. The ACC’s consultants will conduct their review and issue a report o The report will identify any aspects of the plan that the consultants have concluded are incompatible

with our Standards o The report may include general recommendations on how the plans might be brought into

compliance, BUT it is not the responsibility of the consultants to resolve any deficiencies 3. Any issues identified during this process must be addressed, resolved and documented in a new set of

plans, before Final Approval will be issued 4. The ACC will send the property owner notification that a specific set of plans have been approved.

o At this point, those plans will be archived and used for all future reviews. o Any changes to those plans must be reviewed and incorporated into the Approved Plans (see

Change Process), before they will be considered in any/all reviews or inspections. o Inspections that identify changes, that have not been approved, may result in fines and the need to

undo/redo construction in the relevant areas. Outputs

• Property owner notification that a specific set of submitted plans have been approved • A copy of those approved plans will be identified as approved and archived • Permission to proceed with construction

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#4 – Final Landscape Plan Approval Process A preliminary landscape plan is a prerequisite to the Final Design Plan Review (see Final Design Review Document Requirements – Appendix E). However, the final landscape plan (Appendix G) is typically not submitted for approval until much of the construction activity is complete. The Final Landscape Plan Approval Process must be completed BEFORE any final landscape work is begun, including driveway installation, and no later than 60 days before the property owner anticipates requesting the NHC Final Inspection. The Final Landscape Plan will be reviewed by the ACC landscape architect to ensure that it is in compliance with our Standards and that there are no aspects of the Landscape Plan that will interfere with or infringe on adjoining neighbors or common property. Inputs

• Final Landscape Plan Documentation Requirements (Appendix G) • Approved NHC Plans

Process Steps 1. The final landscape plan will be reviewed for completeness and forwarded to an ACC Landscape

Consultant for review. 2. The ACC’s consultants will conduct their review and issue a report

o The report will identify any aspects of the plan that the consultants have concluded are incompatible with our Standards or infringes on adjoining lot owners or common property

o The report may include general recommendations on how the plan might be brought into compliance, BUT it is not the responsibility of the consultants to resolve any deficiencies

3. Any issues identified during this process must be addressed, resolved and documented in a new set of plans, before Final Approval will be issued

Outputs

• Property owner notification that a specific Landscape Plan has been approved • Final landscape plan review report • A copy of the approved plan will be identified as approved and archived • Permission to proceed with final landscaping

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6. Change Request Process Changes to the Final Approved plans during the New Home Construction process are anticipated. However, to keep the professional consulting fees reasonable, they are expected to be few and minor. Any revisions to the approved plans and specifications, involving the exterior structures or the site, MUST be submitted to the ACC for review and approval. All reviews and inspections will be conducted to the most recent set of Approved Plans. Changes to exterior of the home or the landscape plan, that have not been approved, may result in fines and require that work be undone/redone to comply with our Standards, as determined by the ACC’s consultants. Approval of Change Requests are contingent upon adequate documentation (e.g. if a change request involves a change in shingle color, a sample of the new shingle will need to be supplied, if a change request involves a change in the exterior design, appropriate updated drawings/plans will be required, etc.).

Note: Work on exterior and site changes are prohibited, until the change has been reviewed and

approved, in writing, by the ACC. Inputs

• Change Request Form • Supporting Documentation

Process Steps

1. Change Request Applications will be reviewed for completeness and forwarded to the ACC’s consultants for review.

2. The consultants will conduct their review and note any issues with the change request o Any aspects of the change that the consultants have concluded are incompatible with our

Standards will be identified o They may include general recommendations on how the change might be brought into compliance.

However, it is not the responsibility of the consultants to resolve any deficiencies 3. We expect this process to be complete within 1 week. However, scheduling issues, consultant’s

availability or work load, and/or other unanticipated events may require additional time. o The ACC will notify the property owner as soon as it identifies any delays in the process.

4. Any issues identified during this process must be addressed, resolved and documented in a new set of plans, before the change will be incorporated into the Final Approved Plans.

Outputs • Change Request review • Letter to the property owner informing them of

o Any issues that have been identified with the change request, that must be addressed before the change request can be approved or

o That the change request has been approved and incorporated into the approved plans • Any modified plans will be incorporated into and archived with the Approved Final Review plans • The approved change request will be notated in the Project Log

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7. New Home Construction Process Only after written approval for the NHC design package is granted and all required building permits have been obtained, can the Builder commence with construction of the home. During the course of construction, six inspections/checkpoints will be conducted at specific points in the build process to ensure compliance with the approved design plans. Inspections are requested by the owner or his agent, when construction has proceeded to a point where a formal inspection is required (see Inspections below). Notes:

The timeline for new home construction is limited. (see ACC Policies – New Home Construction Timeline).

Once the final construction design plan has been approved, any changes to exterior design, structure or landscape require written authorization from the ACC (See Change Request Process).

Our standard is to conduct inspections within 1 week of when they are requested, and produce an inspection report within 1 week of when the inspection was conducted. (Unanticipated events could impact this timing)

High Level NHC Beginning-to-End Process Overview:

INSPECTIONS OVERVIEW Inputs:

• Approved and recorded design plans and site plan • Approved and recorded final landscape plans • Approved color board (siding, roofing, stone, shingles, etc.) • Submittal of all required fees • Duly executed affidavits

Process Steps:

1. The ACC and its consultants and professional will conduct 6 formal inspections. (see flow above) 2. Owner/builder is responsible for requesting the inspection in advance of when it required. 3. ACC and consultants will use the official set of approved plans on record when conducting an

inspection. (Reference Inspection Checklists in Appendix Q) Outputs:

• The ACC will produce an inspection report, identifying any issues that need to be addressed, prioritizing them as necessary, and any questions about the project that may have arisen during the inspection.

• The report will be communicated with the owner and an official copy will be retained in the project file. • The ACC requests answers to the questions and a plan to address any outstanding issues within 7

days of delivery of the report (see Inspection Policy). Notes: Any inspections that are missed can result in fines (see Fines and Infraction Schedule) and could result

in work having to be un-done or re-done.

Pre-Build Inspection

Foundation Inspection

Framing Inspection

Siding Inspection

Final Inspection

Refund Inspection

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Inspection approach for primary and periodic inspections

Inspections are conducted by members of the ACC and their paid consultants. As such, each inspection is controlled to target specific aspects of the project itself. In this way, they are consistent, efficient and cost effective. To help maintain the focus of the inspection, the participation is limited to the ACC and their consultants. Builders and/or POA members are not required to be present during the inspection. Activity reports are sent to the POA members within 2-4 days or each inspection. POA members are encouraged to communicate any comments, questions or issues they may have about their project to the ACC prior to any inspection.

Sequence of Primary Inspections:

1. Pre-Build Inspection: An inspection will be conducted by the ACC and its consultants to review the lot and home site, BEFORE foundation preparation begins. This inspection must be requested by the owner/builder before any work on the house or its foundation has begun. Our standard is to complete this inspection within 1 week of when it is requested, but weather, scheduling issues, or other unanticipated events may require additional time. The lot should be prepared (cleared of brush/ground cover). The foundation and driveway staked out per the approved design plan of record. Any further work on the site is prohibited (e.g. well drilling, septic system installation, ANY tree clearing, footer installation, etc.), until this inspection is complete. Inputs: Approved design plan of record Approved site plan of record Duly executed Builder Affidavit (see Appendix M) Submittal of required fees (see fee schedule – 11.3.D)

• Builder Compliance and Damage Deposit • Road Impact Fee

Process Steps: 1. Owner to request a pre-build inspection by notifying the ACC of when the project will be ready for

the Pre-Build inspection. • The inspection can be requested for a time in the future, when the owner/builder are

confident that the property will be ready for the inspection 2. ACC and consultants review approved NHC site plan to:

• Ensure that the house envelope has been properly situated on the lot • Ensure trees have been appropriately tagged for removal/retention:

Tag trees designated for removal in Red or Pink as designated on Site Plan Tag trees designated to be retained in White or Yellow as designated on Site Plan

• Silt fencing is in place • Mud mat and other construction infrastructure are appropriately position and marked • Reference Pre-Build Inspection Checklist in Appendix Q

Outputs: The ACC will publish an inspection report identifying any issues/discrepancies or concerns. Completed Pre-Build Review Inspection Checklist The report will be communicated to the owner and the official copy will be retained in the project

file. Owner/builder to respond to any questions and provide a plan to address any outstanding issues

within 7 days of delivery of the report (see Inspection Policy).

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2. Foundation Inspection:

An inspection will be conducted by the ACC and its consultants to review the homesite after the foundation has been established, but BEFORE any other framing/home infrastructure work has been undertaken. The project should be at the stage where the excavation and tree removal are complete, the basement has been cut, footings have been dug and poured, the foundation walls have been installed and waterproofing is completed. Inputs: Approved design plan of record Approved site plan of record

Process Steps: 1. Owner requests the foundation inspection by notifying the ACC of when the project will be ready

for a review/inspection. • The inspection can be requested for a time in the future, when the property owner/builder

are confident that the property will be ready for the review/inspection 2. ACC and consultants review approved home design and site plans to:

• Ensure that the foundation is sited per the approved plans • Ensure trees marked for retention are in place and protected as needed • Building site is in compliance with our standards • Reference Foundation Inspection Checklist in Appendix Q

Outputs: The ACC will publish an inspection report identifying any issues/discrepancies or concerns. Completed Foundation Review Checklist The report will be communicated to the owner and an official copy will be retained in the project

file. Owner/builder to respond to any questions and provide a plan to address any outstanding issues

within 7 days of delivery of the report (see Inspection Policy).

Note: At this point going forward, if it is determined that additional tree removal or clearing is required a

Change Request Form must be submitted and approved before any clearing work can start. Failure to adhere to this policy will result in fines levied against the project.

3. Framing Inspection: This inspection is scheduled to coincide with the enclosure of all exterior walls and roof systems. The purpose of this inspection is to ensure that the location and overall form of the residence is consistent with approval plans and that all construction impact mitigation has been implemented. This inspection will occur BEFORE any work on siding, window installation, trim or other finish work has been undertaken. The project should be at the stage where 1st floor framing is complete, 2nd floor framing is complete (if applicable), lower level framing is complete (if applicable) and roof framing is complete. Inputs: Approved design plan of record Approved site plan of record

Process Steps: 1. Owner/builder to request the framing inspection by notifying the ACC when the project will be

ready for the inspection. 2. ACC and consultants review approved home design plan to ensure:

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• Building site is in compliance with our standards • Framing, roof pitch, dimensions are in compliance with approved plan of record. • Reference Framing Inspection Checklist in Appendix Q

Outputs: The ACC will publish an inspection report identifying any issues/discrepancies or concerns. Completed Framing Review Inspection Checklist The report will be communicated to the owner and an official copy will be retained in the project

file. Owner/builder to respond to any questions and provide a plan to address any outstanding issues

within 7 days of delivery of the report (see Inspection Policy).

4. Siding Inspection: An inspection will be conducted by the ACC and its consultants to review the homesite after siding has been completed, but BEFORE any further finish work on paint, exterior lighting, fencing, etc. has been undertaken. The project should be at the stage where doors and windows have been set, HVAC and plumbing rough-in is complete, a final color board is available for review including a section (not less than 4’x4’) plus the inclusion of a significant trim feature painted in the proposed colors (see Exterior Material and Color specifications – Section 11.3.G). Inputs: Approved design plan of record. Approved site plan of record. Exterior Materials and Color samples (see Exterior Material and Color Specifications)

Process Steps: 1. Owner/builder to request the siding inspection by notifying the ACC when the project will be

ready for the inspection. 2. ACC and consultants will review the approved home design plan to ensure:

• Building site is in compliance with the Standards. • Siding materials, eaves, overhangs, porches, and decks are in compliance with approved

plan of record. Outputs: The ACC will publish an inspection report identifying any issues/discrepancies or concerns. Completed Siding Review Inspection Checklist The report will be communicated to the owner and an official copy will be retained in the project

file. Owner/builder to respond to any questions and provide a plan to address any outstanding issues

within 7 days of delivery of the report (see Inspection Policy).

5. Final Inspection: An inspection and review will be conducted by the ACC and its consultants to review the final construction and landscaping for the home. A pre-requisite for this inspection is that the final landscape plan had been submitted and approved (see Final Landscape Approval process). The project should be at the stage where final grading is complete, driveway and sidewalks are constructed, any decking is complete, and final landscaping is installed.

Inputs: Final approved landscape plan. Approved design plan of record.

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Approved site plan of record. Process Steps:

1. Owner/builder to request the final inspection by notifying the ACC of when the project will be ready for a review/inspection.

2. ACC and consultants review approved final landscape design plan to ensure: o Driveway, beds, sidewalks, patios, decking placement conform to approved plans. o Painting / staining comply with approved color board submission. o Lighting complies with approved landscape plan and design plans.

Outputs: The ACC will publish an inspection report identifying any issues/discrepancies or concerns (i.e.

punch list of open items) The report will be communicated to the owner and an official copy will be retained in the project

file. Owner/builder to respond to any questions and provide a plan to address any outstanding issues

within 7 days of delivery of the report (see Inspection Policy).

6. Refund Inspection: The refund inspection is scheduled after the completion of all construction, landscaping and site work and the receipt of the Certificate of Occupancy from the Building Department. In order to receive the refund inspection approval, all aspects of the proposed residence must be completed and in compliance with the approved plans. Successful completion of this inspection is a pre-requisite to the return of any remaining Compliance Deposits.

Inputs: Approved design plan of record. Approved final landscape plan of record. Punchlist created from final inspection.

Process Steps: 1. Owner/builder to request the refund deposit inspection by notifying the ACC of when the project

will be ready for a review/inspection. 2. ACC will review the punch list from the final inspection, design and landscape plans of record to

ensure: o Building structures conform to approved plans. o Landscaping is complete and conforms to approved plans. o Site is cleared of debris, dumpster and other building equipment and is in good order in

accordance to builder rules and policies. o Punchlist items have been addressed.

Outputs: The ACC will publish an inspection report identifying any issues/discrepancies or concerns. The report will be communicated to the owner and an official copy will be retained in the project

file. Owner/builder to respond to any questions and provide a plan to address any outstanding issues

within 7 days of delivery of report (see Inspection Policy). The successful completion of this inspection, which may require multiple attempts if work is not

completed per the Approved Plans, is required before any Compliance Deposits are refunded.

Periodic Routine Inspections

Periodic routine inspections will be conducted by the ACC, and its architect and landscape consultants to ensure that the project is progressing consistent with the approved plans.

These inspections will be informal in nature and do not require anyone’s attendance/participation. An inspection checklist will be completed. (see Periodic Inspection Checklist - Appendix Q).

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Any issues identified during these inspections and requiring resolution will be documented and forwarded to the property owner. If issues are repeatedly identified at a construction site, additional formal inspections may be required by

the ACC. The cost of these additional/unscheduled inspections will be charged to the project.

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8. Design Review Process for a Home Improvement Project

Per the POA Covenants, home improvement projects meeting specific criteria must be approved by the ACC. Examples of home improvement items that do require ACC review and approval: Exterior Structural Changes: Any change to an existing home which alters the external envelope of

the structure, o Home additions o Other additions – dormers, skylights, decks, patios, firepits, outdoor spas, etc.

Exterior Nonstructural Changes: Nonstructural alterations have visible external effect but do not modify the structural envelope or foundation;

o New exterior lighting o Staining or repainting if changing the existing color o Roof finish replacement if different from the original o New hardscaping - water features, patios, walkways, retaining walls and/or boulders, or other

external changes o Landscape revisions and additions, expanded/new beds, tree removal, etc. o Window / door replacement o Additional architectural features

Examples of maintenance items that do not require ACC review or approval (includes, but not limited to): Proper landscape maintenance includes watering, mowing, weeding, edging, fertilizing, pruning, insect

control, removal and/or replacement of dead or diseased plant materials and maintenance of drainage patterns and facilities.

Mulching of existing landscape beds Additional plantings in existing beds (must comply with the Design Standards). Exterior re-staining/re-painting with original color scheme Roof replacement with original material and color Resealing asphalt driveway and/or walkways

The ACC will review all home improvement project requests and either approve/deny a request, or produce a workplan and budget for completing a home improvement project review, dependent on the size, scope and nature of the home improvement project. For example:

• Changing the paint color of any part of a home requires ACC approval. The ACC will review the color selection and issue a reply to the Homeowner as quickly as possible.

• A project that involves significantly more work, for example adding an addition onto a home, will require a workplan and budget that is very similar to a New Home Construction project. The ACC will identify what portions of the New Home Construction processes must be completed (including plan reviews, inspections, and fees) and advise the homeowner.

All home improvement projects, whether reviewed and approved by the ACC or not, must be in compliance with the Standards. Similarly, all home improvement projects must comply with all ACC policies listed in this document, including the Builder Rules and the Home Improvement Insurance Requirements for builders/contractors (Appendix B). Preliminary Review Process Inputs:

• Home Improvement application form, with all necessary documentation (Appendix K). Process Steps:

1. Home Improvement Applications submitted to the ACC will be initially reviewed for completeness and to determine if a decision can be made immediately/without outside consultant involvement (e.g. paint color, tree removal) or if further review is required.

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2. Requests that can immediately be responded to: o The ACC will evaluate the application based on its compliance with the Architectural and

Landscape Design Standards o The ACC will inform the property owner of its determination as quickly as possible o We anticipate that requests that do not require professional/consultant review will be handled within

a few days 3. Requests that require further review and consideration:

o The ACC will develop a workplan and budget, based on what portions of the New Home Construction Processes will be required for this project

o The ACC will forward this information to the owner. o The timing of this process can vary quite dramatically based on the scope and nature of the home

improvement project. This step is expected to take approximately 7 days for an average project, but could take longer, based on the availability of consultants/professionals, requests for additional information and documentation, etc.

Outputs:

• Small/Minor Home Improvement projects, not requiring outside resources: o Email advising property owner of approval/denial of request

• Significant/Major Home Improvement projects, requiring outside resources: o Project work plan and budget identifying what portions of the New Home Construction Process will

be required to complete the defined home improvement project.

Home Improvement Project Final Review:

• Based on the Preliminary Review, the owner may submit the project for a Final Review. • A final review will be conducted once all required fees are paid and requested documentation is supplied

(e.g. see Policies: Exterior Material Samples – 11.3.G). o Our standard is to process final reviews within 2 weeks of when they are accepted. However, the

size and scope of the project, as well as scheduling issues, consultant’s availability or work load, and/or other unanticipated events may require additional time.

• Based on the Final Review, and the incorporation of any changes, Project Approval, including a listing of required inspections, will be sent to the owner.

• The home improvement project will then be monitored and handled as a New Home Construction project would, per the project budget provided in the Project Approval.

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9. Ancillary Processes - Owners

The ACC members share the same goals as lot owners and residents, to preserve the character and value of the Homestead at Mills River. ACC reviews and inspections are done to ensure compliance with the protective covenants of the community. Inevitably, owners may take exception to some ACC decisions. In those cases, owners may make an appeal of an ACC decision to the Board. It is the strong preference of the ACC to have all projects run as smoothly as possible, with a minimum of problems or issues. However, problems do occur. Builders and/or subcontractors don’t follow rules, architects get sloppy about changes, last minute decisions to house plans, colors, siding, features, etc. all can result in the use of additional and unplanned consulting resources. Every project has a budget for inspections (consulting services). If a pattern of issues requiring additional consulting time emerges, and the ACC believes that the project may overrun its budget, they may take measures to convert the Homeowner’s Compliance Deposit to Construction Inspection Fee, to cover an anticipated future project budget shortfall. Once converted, a new Compliance Deposit will be required from the owner before a project can proceed. Similarly, if a builder or lot owner violates the ACC Processes and Policies (including any of the Builder Rules), the ACC may find it necessary to levy fines against the project. 9.1 Variance Request

• Any design elements which are inconsistent with the Standards require a variance, before they can be incorporated into Approved Plans. The ACC will forward a variance request to the Board for consideration, in special circumstances.

• Variances can ONLY be granted or approved by the Board of Directors. • The ACC will submit such variance recommendations to the Board as soon as they are identified. • The Board will consider these variances as quickly as practical, but it may take up to 30 days to grant

or deny a variance request. • Variances granted or denied by the Board will be communicated to the owner as quickly as practical. • Variance requests concerning set-backs may, at the ACC’s discretion, require a review by the ACC’s

Civil Engineer. Any costs associated with conducting such a review will be the responsibility of the lot owner or prospective lot owner.

9.2 Appeals • If the ACC makes a decision (e.g. withholding an approval, issuing a stop construction order or a fine)

that an owner disagrees with, they may appeal the decision to the HMR Board of Directors. • The Appeals Process will, in most instances, take a minimum of 30 days, after the appeal has been

submitted. • Appeals must be submitted in writing to the ACC and the Board of Directors (see Appendix J), and may

include other documentation, exhibits, etc. as the owner feels are necessary. o Contacting a board member will not be considered a valid request.

• The Board will issue a decision within 14 days of receipt of a complete Appeal. • The owner may request a hearing to present his appeal to the Board in person. This hearing will

typically be held in conjunction with the next scheduled HMR POA Meeting (typically held monthly). o If a hearing is requested, the Board will issue a decision on the appeal within 30 days of such

hearing.

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9.3 Compliance Deposit Conversion • At the sole discretion of the ACC, a Homeowner’s Compliance Deposit may be converted to cover

Construction Inspection Fees, if the ACC determines that a project is likely to exceed its planned budget, because of issues which are or are likely to require unbudgeted professional/consultant time.

• Issues which might lead the ACC to this conclusion include, but are not limited to: o Construction delays o Unusual number of Change Requests o Builder behavior which requires additional/unscheduled inspections o Lack of proper documentation, making inspections ineffectual o Repeated violations of Standards, Processes, Policies, or Builder Rules

• The ACC will send notice to the HMR Board of Directors and the owner, as soon as it determines that a project has or is likely to exceed its budgeted fees. o A project does not need to exhaust its Inspection Fees, before a conversion is deemed necessary,

it merely needs to, in the determination of the ACC, be on a course which makes this outcome likely, in their opinion.

o The conversion of the Compliance Deposit will occur 30 days from the date the Board and owner are informed of the ACC decision.

• In the case of a Compliance Deposit Conversion: o The entire Compliance Deposit will be converted in a single transaction. o A new Compliance Deposit will be required, before construction can continue.

• The owner may appeal this decision to the HMR Board of Directors (see Appeals). • The Board of Directors may formally notify the ACC to NOT proceed with the conversion.

9.4 Infraction Enforcement

• If a lot owner pursues a construction or home improvement project, in defiance of either the POA Bylaws, CC&R’s, the ACC’s governing documents, as interpreted by the ACC, or the Board’s directives, the ACC may deduct fines from the Homeowner’s Compliance Deposit.

• Lot owners have the right to appeal any such fines to the Board (see Appeals). • Depending on the severity of the violation(s), a one-time penalty of at least $100 will be imposed on the

lot owner for each infraction. In addition, fines of at least $100 per day may be further imposed on the lot owner as specified in the infraction notice/inspection report (see Policies: Formal and Periodic Inspections).

• The standard period between a notice of an infraction and fining is seven days. This timeline may be extended or shortened based on specific and/or unusual circumstances surrounding the infraction.

• If an infraction represents a threat to the community, and the lot owner cannot / does not take action to resolve the issue in a timely manner, the POA may undertake resolving the issue, and charge the costs associated with resolving the issue to the property owner. This will only be done after every reasonable effort has been made to communicate with the lot owner about the outstanding issue

9.5 PERC Testing

• PERC testing requires the property owner to submit a PERC Test Request Form (Appendix O). The activity does not require ACC approval, only form submission for notification to the ACC.

• Refilling tested area is required upon completion.

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10. Ancillary Processes – ACC There are variety of housekeeping tasks that the ACC must do to track individual projects and keep its documentation current. These processes define those activities. By and large they are used by the ACC, but are defined here, so that how the Standards, Processes and Policies are updated and maintained, and how the ACC keeps track of consultant fees by project, is clear. Changes to the Standards go into effect when they are approved by the Board. The Standards are not retroactively applied to an existing home. However, they do apply to any Home Improvement project and all New Home Construction projects. To clarify, if a change to the Standards makes some feature of an existing home non-compliant there is no violation nor any action needed on the part of the homeowner. However, if the homeowner undertakes an improvement project that involves a non-compliant feature, then that feature needs to be brought into compliance with the current Standards. For example, if the owner undertakes a project to replace windows that are out of compliance, they will have to replace them with windows that are compliant with the Standards currently in effect (e.g. an owner would not be able to replace white windows with white windows, rather they would have to comply with the color standards in effect at the time the project was begun). 10.1 Project Expense Tracking

• The use of professional consultants to review NHC plans, conduct inspections and assist the ACC in its work, is critical to the successful and objective implementation of the HMR Architectural and Landscape Design Principles and Standards.

• The ACC has prepared a budget that estimates the amount of time and therefore costs that will be required for the consultants to conduct their work. These estimates are reflected in the Fees charged for a project

• The actual time these professionals spend on each project will be billed to that project. • Consultant bills will identify dates of work, hours of work, and purpose of work by project. • The ACC will review these bills and approve them as proper, before they are processed and paid. • A running total of consultant expenses will be maintained by project. • If a project appears, in the judgement of the ACC, to be tracking to exceed the budgeted fees for the

project, the ACC may require that the Homeowner’s Compliance Deposit be converted to a Construction Inspection Fee. o The owner will receive notice that this has been done and will be required to make another

Compliance Deposit before construction can continue (see Homeowner Compliance Deposit Conversion Process).

10.2 Architectural and Landscape Design Principles and Standards Amendment Process • The ACC will periodically review the Architectural and Landscape Design Principles and Standards,

and may find it necessary to modify, edit or otherwise update those standards from time to time. • Proposed updates to the Standards will be presented to and approved by the HMR Board, and notice of

that update will be included in the monthly board meeting minutes. • A current version of the Architectural and Landscape Design Principles and Standards will be

maintained on the HMR website and be available on request from the Property Management Company.

10.3 ACC Processes and Policies Amendment Process • The ACC will, as it finds necessary, amend the ACC Process and Policies. • A current version of the Processes and Policies will be maintained on the HMR website and be

available on request from the Property Management Company.

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11. Policies 11.1 Communications

A. All communications with the ACC must be submitted via email to the official ACC email address. o Do not call ACC members directly. HMR requires a formal record of all communications. All official communications and approvals will be delivered by email.

o Do not call our consultants / professionals directly. We require a formal record of all communications. If you have questions which can/should/need to be answered by our consultants / professionals,

contact the ACC. The ACC is responsible for managing our consultants / professionals. They will get you answers to your questions.

o Special Circumstances: during inspections or in person meetings ACC members may discuss issues and decisions directly with owners, architects, builders, etc. However, ALL of those conversations MUST be documented. IF YOU DO NOT RECEIVE AN EMAIL DOCUMENTING AN ACC DECISION / APPROVAL, YOU

SHOULD IMMEDIATELY REQUEST ONE. IF IT IS NOT DOCUMENTED, IT DIDN’T HAPPEN.

B. Primary relationship is with the lot owner, not the builder. HMR’s relationship is with the owner.

Neither the ACC nor its consultants and professionals are here to manage, direct, advise, influence the behavior of or otherwise supervise, the builder, contractor, or sub-contractors that are employed to complete a project. Our communications will be handled through the owner. The owner will manage the builder and his agents.

11.2 Approvals

A. Verbal approval is not an approval. All ACC approvals and authorizations MUST be in writing. Conversations with Board members, ACC members, ACC consultants / contractors, other property owners, etc. DO NOT constitute an approval, no matter what is said or who said it. o ALL APPROVALS are provided in writing (email) from the ACC.

B. Builder Approval criteria o Must be licensed in the State of North Carolina and hold a license commensurate with the scope of

the proposed project: Intermediate license or Unlimited license required for any new home construction. Limited license acceptable for home improvement projects, if commensurate with the scope of

work. Acceptable history of experience building homes of similar size, architectural style, quality and

price that meet HMR Architectural and Landscape Design Principles and Standards (see Appendix A). Acceptable level of extensive experience building in a mountain environment (see Appendix A). Qualified client references (see Appendix A). Proof of adequate insurance (see Appendix B).

C. Use of “canned” home plans

o Use of “stock” or “canned” home plans, by definition, is inconsistent with the overall architectural design principles and standards of HMR, and is discouraged.

o In most instances, such plans will be incomplete and subsequently, will not be reviewed. o In most instances, the use of such plans requires significantly more review time, and subsequently

may result in additional review fees.

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o Modifications, change requests, or enhancements, requested or approved by the ACC, require formally updated plans. The use of some “canned” or “stock” home plans precludes this ability and would, without exception, result in a project not being approved.

D. Tree Removal o Any and all tree removal requires approval by the ACC. o Trees and limbs that pose imminent danger to a home will be handled expeditiously and not

unreasonably withheld. Picture documentation must be provided. o ACC approval is not needed to clean up storm damaged vegetation/debris that may still be alive. o New Home Construction – all trees to be removed must be appropriately tagged and identified on

the Site Plan. Trees not so identified cannot be removed without ACC approval.

11.3 New Home Construction A. New Home Construction Timeline

o Timeline is limited to 15 months, from the time the NHC Approval has been granted. o Failure to complete home construction within the Association’s permitted time frame, will be

considered an infraction and violation of these Policies, which could result in the forfeiture of the Construction Compliance Deposit, in total or in part, as well as the imposition of fines.

o Extensions of this time line must be approved, in advance, by the ACC. o New Home Construction must begin within 3 months of Approval. If construction has not begun

within three months of when the approval was granted, the approval is voided and the approval process must begin again.

B. Pre-construction work may NOT begin on a lot without written APPROVAL by the ACC. No pre-site clearing, driveway construction, infrastructure development, tree removal, etc. can begin without a New Home Construction Approval from the ACC. Violating this policy will, without exception, result in the imposition of fines.

C. Variances The Homeowner and their agents (builder and architect) are responsible for: o Identifying elements of their design or plans that are inconsistent with the Standards and requesting

a variance for those elements When any plans are submitted for review When a Change Request is submitted that may include an element with such characteristics.

o Elements of a home or landscape plan that clearly violate the Standards, for which a variance was not requested, will be subject to the strictest scrutiny.

D. Fees

o Projects which require more professional services will be charged for that cost. There are many, many variables in a new home construction project. Consequently, the amount of time that the ACC consultants / professionals spend on a given project may vary significantly. Extensive changes to plans during the construction process may increase project fee costs. Delays in construction may drive the need for additional inspections. Weather or other issues which require additional oversight (e.g. extra heavy rainfall may require

extra efforts to identify and mitigate erosion issues). Problems with builders/sub-contractors (e.g. builders and/or their subcontractors that do not

consistently adhere to the Builder Rules, may result in the need for additional monitoring and inspections).

Notes: There is no cap on the amount of consulting fees an owner may be required to pay over the life

of a project.

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These fees are not a penalty. They are used to pay professionals/consultants to deal with special situations that have arisen and require more time than was originally planned and budgeted for a standard project.

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o Homeowner Fee Schedule:

ITEM NON-REFUNDABLE REFUNDABLE Architectural Preliminary Review $500 Architectural Final Review $1000 Landscape Review $500 Construction Inspections $2750 Road Impact Fee $2000 Civil Engineer Review Fee As Required Homeowner Compliance Deposit $2500

o All fees to be submitted to the Property Management Company. Checks should be payable to

Homestead at Mills River POA. o Non-Refundable Fees: are used to pay the consultants and professionals that the ACC employs

to review, monitor and inspect projects. These monies are not final fees. As consultant time is billed against the project, these monies will be depleted. We anticipate that these fees will be adequate for a typical project that has few changes or exceptions, is completed in the projected timeframe, has the cooperation of the builder and owner, and is in compliance with HMR CCR’s, Standards, and Policies and Processes.

o Road Impact Fee: this fee has been established to compensate the community for damage done, and future repairs required to our roads, by heavy construction vehicles. This fee is non-refundable.

o Civil Engineer Review Fee: this fee is determined on a case by case basis and is used to cover the expense of having the ACC Civil Engineer review variance requests for Set Back requirements. This fee is non-refundable.

o Homeowner Compliance Deposit: This fee is potentially completely refundable, IF there are no issues that arise requiring additional work by the ACC and its consultants/professionals or outstanding fines. Not complying with the HMR CCR’s, Standards, Procedures or Policies will require additional work by the ACC and its consultants/professionals. The ACC, at its sole discretion, may determine that a builder/project may require additional

oversight and schedule additional inspections to ensure that a project complies with our requirements. Similarly, an excessive number of changes to plans, delays in construction, out of compliance

issues noted in reports, etc. may all result in additional costs and Inspection Fees, which will subsequently require additional Compliance Deposits. There is no limit to the number of Compliance Deposits a project may require. Any monies provided in the form of a compliance deposit that have not been consumed by

additional work on reviews, inspections or fines are refundable.

o Builder Fee Schedule:

ITEM NON-REFUNDABLE REFUNDABLE

Builder Compliance and Damage Deposit $2500

o All fees to be submitted to the Property Management Company. Checks should be payable to Homestead at Mills River POA.

o Builder Rules Compliance and Damage Deposit: Required before the start of approved new home construction. Refundable deposit held as security against fines for not complying with our Builder Rules (see

Builder Rules) or damages.

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This deposit is refundable, all or in part, after a Refund Inspection is completed by the ACC and after the County Certificate of Occupancy is provided. Any refund will be less any charges for damages to community infrastructure, or fines for non-

compliance with the CC&R’s and the Builder Rules (see Builder Rules). If fines or the cost to repair damages exceeds this deposit, the Builder will be billed accordingly.

Note: This fee has been established to ensure that the builder fully complies with these Policies and

Procedures. These are documented in Section12 - Builder Rules. Failure to comply with these policies and procedures may result in Fines (see Fines) or in extreme circumstances, loss of the Builder Compliance Deposit, to compensate the community for the impact of their failure to comply with our Builder Policies and Procedures.

E. Formal Inspections

o Formal inspections must be requested by the owner or his agent, when construction has proceeded to a point where a formal inspection is required (see Inspection Process - Section 7).

o Work on subsequent phases of construction is prohibited, until required inspections have been completed.

o The owner must acknowledge the receipt of the inspection report, supply answers to any identified questions, and provide a plan to address any outstanding inspection issues, within 1 week of submission of the inspection report.

o Any outstanding issues must be resolved, before the ACC will proceed with the NHC project. Outstanding Inspection Report issues must be addressed before any further inspections will

take place, change requests will be processed, etc. Any requested fees or fines must be paid before any additional work will be undertaken. Owner’s not in good standing with the HMR POA must be addressed before construction can

continue. F. Periodic Inspections

o As a matter of course, the ACC and its consultants will conduct routine inspections of ACC related projects, to check for compliance with the community Standards, as well as its Policies and Procedures (most specifically-Builder Rules).

o The ACC and its consultants have been granted permission to access the property, for this purpose, in the Homeowner Affidavit.

o Once a project has been completed, all required inspections (e.g. Final Inspection) have been completed, and outstanding issues have been resolved, the ACC will no longer be permitted to access a property without the POA members permission.

o Any outstanding issues must be resolved within 7 days, except in unusual circumstances, in which case the ACC may extend or shorten this deadline. The Inspection Report will identify any special/non-standard deadlines

o Periodic Inspection Infractions: The ACC will notify a POA member of any identified infractions, related to an open ACC

project, by email. First time infractions, will be handled as a warning. Second and subsequent infractions for the same identified issue, will result in automatic

fines. All Infractions are considered site wide, even though they may be identified in a specific

location. For example, a specific spot in a silt fence may be identified as out of compliance (i.e. more than 50% full). ANY subsequent silt fence violation, will result in an automatic fine.

The amount of a fine shall be determined by the ACC and based on the seriousness of the infraction, how many times the infraction has occurred, and the timeliness and diligence with which the issue is resolved.

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G. Change Requests o The ACC will conduct ALL inspections using the most recent set of approved plans. ANY changes

that effect the exterior of the house or the Landscape Plan, must be approved by the ACC and subsequently incorporated into the Approved Plans.

o Un-reviewed/Un-approved changes can result in fines and/or other costs associated with making such changes acceptable to the ACC, after the fact.

o Change Requests will not be processed after an inspection is requested and before any scheduled inspection report is generated.

o All inspections will be conducted using the most current set of approved plans, incorporating approved change requests. I.e. submitting change requests after the fact, is not acceptable and may result in additional fees and/or fines.

H. Exterior Material Samples o Samples of all exterior materials and colors with their corresponding LRV and paint number must be

submitted to the ACC for review, prior to their being approved for installation. o Samples of final material and color selections are not required with plan submission, but preliminary

selections of materials and colors are required to be defined in the NHC application. o Selections submitted in the NHC application have not received Final Approval. Approval is

contingent upon the submittal of samples and, in the case of color selections, color boards, which will then be reviewed for Final Approval.

o Typically, final material and color selections (including: paint/staining colors, rock, stucco, etc.) are made and samples are submitted before the Siding Inspection has been scheduled.

o Choices of long lead time items (e.g. Windows) typically must be made early in a project. Samples/specifications of these choices should be submitted for approval BEFORE they are ordered, and as early as the project requires.

o The ACC’s standard is to review and return comments on such submissions within 1 week of their submittal. However, scheduling delays, other requirements, weather, etc. can result in this process taking longer than 1 week and the possibility of such delays should be factored into the construction schedule.

o Failure to receive Final Approval on material, color, and other specifications, does not obligate or ensure that the ACC will approve those choices.

o Installation of non-approved colors, exterior materials, windows, lighting, etc. may result in fines and/or requirements that they be changed.

o Materials and Color Sample Requirements: Primary and secondary house colors shall be painted on their respective materials, and be a

minimum 4’x4’ sample of each. Trim colors shall be painted on their respective materials and be a minimum length of 2’ each. Stained materials, stone, stucco, and roof shingles shall be represented by samples large

enough to compare in conjunction with other materials.

I. Landscape and Site Plan Requirements o Use of a Landscape Architect Requirements for Landscape Plans are rigorous (See Appendix E, F, G). Plans not drawn up by a professional Landscape Architect will receive the most intense scrutiny

and will be held to the highest standards. The choice to NOT use a Landscape Architect will in no way change the standards or

expectations of the ACC in reviewing a project. Consequently, the use of a professional landscape architect is highly recommended.

o Landscape Plan A final Landscape plan must be submitted to the ACC for review and approval not less than 60

days from the estimated Certificate of Occupancy inspection date.

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The Final Landscape Plan must include all the elements defined in the final landscape plan requirements list (see Appendix G).

Plans that are incomplete/insufficient will not be reviewed or approved, and work may not begin without such approval.

J. Garages shall be completed at the same time as the main house, and may not be used as a place of residence before the main house is complete.

11.4 Home Improvement Projects

A. The ACC must review Home Improvement Projects that effect the exterior of the home or lot and the project must meet the criteria defined in the HMR CC&R’s.

B. A budget and fee schedule for Home Improvement Projects will be determined by the ACC during the Preliminary Review phase of the Home Improvement Application Approval Process.

C. The fees will be based on expected costs to be incurred by the ACC.

D. Builder Damage Deposit and Road Impact Fee may either be waived or reduced from the NHC

baseline, depending on the scale of the proposed construction project, at the sole discretion of the ACC.

E. All Home Improvement projects must be in compliance with the current HMR Standards, as well as the

HMR Policies and Procedures.

F. Home Improvement projects must comply with all budgeted inspections (see Inspection Processes and Inspection Policies).

G. Contractors working on Home Improvement Projects must meet the Home Improvement Builder Insurance Requirements (see Appendix B).

11.5 Enforcement and Appeals

A. Failure to adhere to the policies and processes described herein, by the owner or his/her agents (i.e. builder, sub-contractors, architect, etc.) may result in permission to build in HMR being withdrawn.

B. The failure of the ACC / HMR Board to act to enforce any guideline, right, provision, covenant,

condition, rule or regulations shall not constitute a waiver of the Association’s right or the lot owner’s obligations.

C. Grandfathering

o If the Board adopts a new rule or guideline, or amends an existing rule or guideline that was previously prohibited, the Board may elect to grandfather the pre-existing condition.

o Any grandfathered pre-existing condition within the community is not to be construed as an approved construction design or element for any future new home construction.

D. Appeals o Appeals must be brought to the Board within 30 days of an ACC decision.

11.6 Conflict of Interest

A. ACC consultants (professionals who have been contracted to do work for the ACC) that have been retained to do work for a POA member or their agent:

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o Must divulge that relationship before agreeing to do any work for the ACC, with respect to that lot/homeowner.

o May be excluded from doing work on the ACC’s behalf, for that home/lot owner, if the ACC determines that their objectivity may be compromised by the existence of that relationship.

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12. Builder Rules The purpose of HMR’s builder rules is to ensure that the actions and behaviors of all construction personnel (builder, builder’s employees, subcontractors, vendors and representatives) are in compliance with our goals of: 1) preventing property damage to our community’s natural beauty, terrain, vegetation, infrastructure, other residents’ real property and improvements; 2) preventing bodily injury to residents and anyone else while in our community; 3) creating safe worksites; and, 4) compliance with all governmental and regulatory agency laws, ordinances and rules. Enforcement of these rules will be consistent and uniform. It is the responsibility of the builder and its representatives to review and observe these rules and requirements. Compliance is mandatory and non-adherence will lead to fines and penalties to include work stoppage and denial of access to the Community. CONSTRUCTION RULES The Lot owner and Builder acknowledges and agrees:

• that the Builder and its representatives (employees, subcontractors, and material delivery vendors) must comply with these construction rules while performing any activity related to the project or while in the Community.

• that violation of the Construction Rules by the Builder, its employees, subcontractors, or material delivery vendor personnel may result in fines and penalties charged against the Builder or the lot owner, including work stoppage, and may result in the Builder, its employees, subcontractor or vendors being denied access to the Community.

• The Property Management Company shall be notified immediately of all accidents, injuries, or other emergency occurrences.

The lot owner will be notified of all construction rule violations by the Builder, its employees, subcontractors, or material delivery vendors. CONSTRUCTION HOURS Construction Hours are as follows:

• Monday - Friday 7:00 a.m. – 7:00 p.m. {or dusk} • Saturday 8:00 a.m. - 6:00 p.m. {or dusk} • Sunday NO WORK PERMITTED UNLESS APPROVED IN ADVANCE BY THE ACC • No work is permitted on the following holidays unless approved by the ACC in advance:

o New Year’s Day o Memorial Day o 4th of July o Labor Day o Thanksgiving Day o Christmas Day

• Any Builder or subcontractors deviating from the allowed construction times will be warned on the first occurrence, fined on the second occurrence, and subject to stoppage of work on the third and any subsequent occurrences.

CONSTRUCTION SITE AND COMMUNITY SECURITY

• All Builders will provide 24-hour Emergency Contact Phone Number(s) to be kept on file with the ACC and Property Management Company.

• The Builder, its employees, subcontractors and delivery vendors must follow the POA gate access procedures. (see ‘Gate Access for Builders in Community’ section).

CONSTRUCTION SITE SIGNS

• One (1) temporary construction sign identifying the Builder, architect, and/or lot owner may be installed within the property boundary upon approval by the ACC.

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• No sign shall be installed prior to final ACC approval to commence construction. • The sign must:

o Face the street, be installed no closer than 10 feet from the curb and shall not exceed 20 square feet.

o Be properly maintained by the Builder throughout the construction process. o Be removed prior to the issuance of the final certificate of occupancy.

• Subcontractor, material vendor, or other advertisement signs are prohibited. CONSTRUCTION ACTIVITY ZONE The Construction Activity Zone is the area in which all activities related to building a home must occur.

• No construction may take place outside of this area at any time. o U.S. EPA & NC EPA required runoff control features, i.e. silt fencing, straw, seeding, etc., must be

installed and maintained during the entire period of construction. o Removal of accumulated sediment prior to silt fences becoming 50% full and/or overflowing is

required at all times throughout the construction process. o Contractor is required to place and maintain mulch, straw, and/or seed on all disturbed areas and

dirt piles, no more than 7 days after any grading and excavation. o Surface water run-off must be mitigated by preventative use of river rock, rip-rap, fabric, drain pipes,

and/or straw and seed to prevent erosion. o Dirt and debris are to be immediately removed from the base of trees and understory plants. o Temporary construction fencing must be installed at side and rear property lines prior to the

commencement of construction. o An open area is permitted to allow for deliveries to the site. Each home site must have a clearly

defined construction access which must not encroach on protected site features such as tree root zones, rock outcroppings, and natural drainage swales.

o Prior to the commencement of any earth disturbing operations, a stone construction entrance (mud mat) must be installed. The construction entrance shall: If possible, be installed in the same location as the proposed driveway to minimize the disturbed

area. Be extended a minimum of fifty (50) feet from the street. Be fully always maintained by the builder during construction to control dust, mud, and erosion.

CONSTRUCTION SITE PARKING-VEHICLES-SPEEDING The Builder is responsible and accountable for the actions of their employees, subcontractors and delivery personnel.

• Construction vehicles must park on the construction site itself, or on the paved street along one side of the road on the side where the project property is located. Parking on shoulders, adjacent lots, and common area(s) is not allowed.

• Vehicles or equipment shall not block any roadways or existing driveways. Vehicles should not be parked in front of existing homes, across from driveways of existing homes, in front of mailboxes, or in any way impede access to existing homes.

• Vehicles are not to use other lot owners’ driveways or lots, whether there is a house or not, as parking or turnaround points.

• Overnight storing or parking of equipment or vehicles on streets or vacant lots is prohibited. • The POA may and shall, tow any vehicles that are parked in violation of these rules at Builder’s

expense. • If the Builder needs to temporarily store or park any equipment or vehicles due to lack of access to the

lot, a written request for permission must be made to the ACC 48 hours in advance. • All equipment temporarily located in the street must be properly marked with hazard protection, flags, or

cones as necessary. • In the event loading or unloading materials and equipment must take place in curves, intersections,

steep roads or blind driveways, flagmen and warning flags or cones must be used. • All construction personnel shall adhere to the posted speed limit of 22 m.p.h. within the Community.

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o Violators will be issued one (1) warning. In the event of a second (2nd) violation, the builder will be fined. In the event of a third (3rd) violation, violators will be denied entry to the Community for a period of three (3) months.

o Continued violations will result in permanent denial of access to the Community, at the sole discretion of the ACC.

CONSTRUCTION SITE - EQUIPMENT AND MATERIALS

• Construction trailers or portable offices are not allowed within the community. • Builders are responsible for providing adequate sanitary facilities for their workers on each home site at

all times, in the form of a portable chemical toilet. o Portable chemical toilets may not be shared between job sites. o Portable chemical toilets shall be located as far back on the lot as possible yet still maintain service

access. o The toilet door shall face away from the street.

• Construction debris bins (portable dumpsters) are required on all job sites. o A dumpster is required to be on site prior to the start of framing. o Dumpsters are not to be placed on adjacent lots, streets or common property. o Dumpsters shall be located or placed as far as possible from the street and neighboring lot owner

lots yet still permit ready service access. o Under no circumstance shall the unit be placed on or along the roadway. o Dumpsters shall be emptied as soon as they are filled.

• All construction material shall be stored only on the lot where the house is being constructed. Use of adjacent properties for storage is prohibited without the express written permission of the lot owner. A copy of such permission must be sent to and approved by the ACC.

• All building materials, equipment, and machinery required to construct a residence on any home site must be delivered to and remain within the Construction Activity Zone of each home site, clear of all property lines.

• Material delivery vehicles may not drive across adjacent home sites or common areas to access a construction site or drop deliveries in a roadway right-of-way without specific approval from the ACC.

CONSTRUCTION SITE ACTIVITY - BEHAVIORS

• All applicable OSHA and governmental agencies regulations must always be observed. • No hazardous materials are allowed on construction sites or anywhere else within the Community. • During excavation, filling, or stockpiling of soil on a lot, care must be taken to prevent erosion or wash-

off. Temporary soil retention structures will be required. • All job sites must be kept in a clean and orderly condition. Builders shall clean up all refuse and debris

daily. All lightweight, blowable debris must be placed and covered in the dumpster. • Concrete trucks and concrete contractors may washout only in areas designated by the Builder within

the boundaries of that lot. All concrete washout, from both trucks and portable mixers, must occur within the building envelope of the home site. Washout in road rights-of-way, setbacks, natural areas or on adjacent properties is strictly prohibited.

• Dumping or washing of any concrete is not allowed anywhere within the Community except for the project lot where it must be removed {and not buried} prior to the end of the job.

• Dirt, mud, or debris resulting from activity or washout on each construction site must be removed daily from roadways.

• No food or food waste may be placed in the debris bin or left in an unsecured house overnight. • Utilities and street signs are installed in the POA road right-of way. Builders and their employees,

subcontractors, and delivery personnel must protect these features from damage by vehicles and equipment.

• The Builder agrees to make reasonable effort to control dust from the construction site. Builders should use cover materials or provide enough irrigation to eliminate any fugitive dust, to include an enclosed rock cutting station or use of a wet saw when cutting rock.

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• Builders are prohibited from dumping, burying, or burning construction debris or vegetation on the home site or elsewhere in the Community.

• Debris or trash material removed from the construction site may not be relocated to any other location in the Community. Illegal dumping will subject the Builder to fines, work stoppage, and prosecution.

• Construction debris, dirt, cigarette butts, rocks, nails, screws, or litter shall be removed from the street on all sides of the project lot at the end of each day.

• No construction debris shall be kept, stored, or placed around any tree trunk and whatever measures necessary must be taken for tree preservation.

• Builders shall ensure that tall grass and weeds are periodically cut during construction to maintain a good appearance.

• All downed trees resulting from construction activity must be cleared from the property. • Any tree removal after the Foundation Inspection must be approved by the ACC via a Change Request

Form (Appendix H). • Construction runoff or debris is prohibited from infiltrating the storm sewer system. If this occurs, it shall

be cleaned out immediately. • Should blasting be required for work on any site, the appropriate local, county, state or federal permits

and requirements are the responsibility of the Builder. Copies of all such permits and requirements are to be delivered to the ACC a minimum of seven (7) business days prior to commencing blasting work.

CONSTRUCTION SITE ACTIVITY - NUISANCE BEHAVIORS

• Playing of loud music or excessive noise by construction personnel is strictly prohibited. The use of radios or other audio equipment must not be audible beyond the property perimeter of any home site in the Community. Violators will be issued one (1) warning. Continued violation could result in fines and work stoppage.

• No minor children under the age of sixteen (16) years shall be permitted at any construction site. • No pets may be brought onto the property by anyone other than the lot owner. • Consumption of alcoholic beverages or illegal drugs and controlled substances by construction

personnel on any job site, or in the Community property at large, is strictly prohibited. Law enforcement will be notified of anyone violating this regulation and violator will be thereafter barred from the Community.

• The possession or discharging of firearms on the property is prohibited. Builders, their representatives, and visitors to the Community are prohibited from the carrying of weapons, concealed or otherwise, regardless of whether the person has a license to carry a weapon, concealed or otherwise, from the State of North Carolina or any other authority. The Association hereby disclaims any and all liability from any harm and/or injury, personal, economic or otherwise, that may occur due to a violation of this policy.

• Changing of oil or discharge of any petroleum or chemical substance in the Community is strictly prohibited. Vehicles that leak oils and fluids must not be brought onto the Community property. If a leak shall occur while on Community property, the Builder and its representative must ensure that the leak or spill is contained and cleaned up immediately. Failure to do so may result in fines and the builder representative being refused access to the community.

LOT OWNER AND BUILDER CONSTRUCTION LIABILITIES Any Builder, subcontractor, their employees and/or representatives who violate construction site guidelines may be prohibited from entering the Community by the Board of Directors or the ACC. It is the sole responsibility of the Builder to provide representatives with a copy of these Construction Site Rules and ensure the rules are followed.

• Damage caused by Builder or any representative to any POA infrastructure, adjacent properties or personal property is the responsibility of the Builder and must be repaired by the Builder to the original condition. Any costs incurred by the Association to restore and return said property to its original condition must be reimbursed by the Builder.

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• The lot owner and Builder will be held financially responsible for the cost of any damage, site restoration/revegetation or refuse/brush removal on any adjacent properties or roadway rights-of-way resulting from the trespass or negligence by their employees or representatives.

• At the sole discretion of the POA Board, repeated violations of these provisions can result in penalties to include: o denial of entry to the community for a period of six (6) months; or, o the total expulsion of the violators from the Community; and/or, o result in the construction site being shut down until further notice.

GATE ACCESS FOR BUILDERS / CONTRACTORS It is the intent of the POA to provide security and safety to our residents and lot owners, while at the same time giving appropriate access to the Builders, sub-contractors, suppliers, and service providers in a simple and consistent manner.

• This process is provided to allow access to the community for approved Builders/Contractors, their employees, subcontractors and suppliers of goods and services in the completion of specified projects and other Builder/Contractor services as necessary.

• All means of access are granted by application to the Property Management Company, and approval by the ACC.

• Approved Builders must apply for access to the Community for each project approved by the ACC. • Access for Builders and their representatives is only allowed by access code at the call box panel at the

main entrance. • Builder representatives are to be provided the code issued to the Builder, by the Builder. • These codes are valid only for the duration of the project. • The POA reserves the right to change these access gate codes periodically at its discretion. The

Builder will be advised at least five (5) days before the end of the month in which the current gate codes are to expire and change.

• If the Builder retains approval to build in the community, the access to the Community remains in place. This allows the Builder to have access for designers, surveyors and other service providers necessary to conduct concept development, preliminary design, and other activities outside the course of the construction process.

• Entrance to the community through the scanner to the right of the call box is reserved for lot owner’s access with RFID bar code window stickers and shall not be utilized by any Builder or their representatives under any circumstances.

• Contact phone numbers for the Builder are provided on the entrance call box, allowing occasional access for suppliers and services that do not require regular access to the building site. Service providers who request access to the Community via the call box at the entrance must call the Builder and announce their presence so that the Builder can open the large gate remotely.

• Call box phone numbers should be considered as the preferred means of access for irregular service providers. This allows the process to be simpler than providing codes to many contractors who do not need regular access and allows for unanticipated visits outside of the normal working hours when the gates are open.

• Gate access call box numbers will not function outside of approved working hours. • Gate access by any other means, such as but not limited to, following another vehicle through the gate,

will subject the violator to loss of its access approval, possible fines, and/or other enforcement actions as determined by the Board.

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APPENDIX A – Builder Application Form

Homestead at Mills River Builder Application Builder:

Name___________________________________________________

Address_________________________________________________ Phone__________________________________________________

Email___________________________________________________ HMR Client/Lot Owner Name(s)___________________________________ Job Site Address________________________________________________ Website_______________________________________________________ Provide copy of general contractor license

Note: Intermediate License or Unlimited License required for all new home construction, commensurate

with scope of project Limited License acceptable for home improvement projects if commensurate with scope of project

Provide current Certificate of Insurance (to comply with terms, conditions, and coverage as required; see builder insurance requirements, Appendix B of the ACC Policies and Procedures for New Home Construction or Home Improvement projects) Please complete:

• Number of years in business. • Total number of new starts in the previous 36 months. • Average cost of new starts in the past 36 months. • Number of new starts you anticipate in the next 12-15 months. • Number of projects currently under construction, or will be under construction at any given time in the

next 12 months. • The type of work your direct employees self-perform on residential projects, versus work subbed out. • An approximate percentage of sub contracted work vs. self-performed work, as measured by total cost

of each residential project. • Approximate percentage of annual revenue derived from residential work versus commercial /

industrial. • Experience with steep slope construction. Describe fully. • Complete description and outcome of any past and/or current litigation. • Bankruptcies in past 7 years of company and/or any company principals.

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• Describe experience with new home builds of size, quality, architectural style, and price commensurate with HMR Architectural and Landscape Design Principles and Standards.

Business Organizations / Affiliations

• Please list names of business, construction industry, and other pertinent organizations of which you are a member

Banking and Lending References • Minimum of two references • Name and telephone number of banker / lenders

Provide name, address, telephone number and email address for client references: • Mandatory minimum of three completed projects in past 3 years • Should be of comparable size, quality, and price commensurate with HMR Standards and expectations

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APPENDIX B – Builder Insurance Requirements New Home Construction – Builder Insurance Requirements:

A. Workers Compensation Insurance in accordance with the applicable NC Statute with Employer Liability limits of at least: • Bodily Injury by Accident - $500,000 Each Accident • Bodily Injury by Disease - $500,000 Each Employee • Bodily Injury by Disease - $500,000 Policy Limit

B. Commercial General Liability (CGL) Insurance is to be provided on an occurrence basis with the following

limits: • $2,000,000 Products / Completed Operations Aggregate • $2,000,000 General Aggregate • $1,000,000 Any One Occurrence • $1,000,000 Personal and Advertising Injury

• CGL Coverage must be endorsed to include The Homestead at Mills River Property Owners

Association, it’s officers, directors, and representatives added as an additional insured.

C. Commercial Auto Liability Insurance with combined Bodily Injury and Property Damage limit of not less than $1,000,000 covering the use of all Owned, Non-Owned, and Hired Vehicles.

D. Umbrella / Excess Liability Insurance with a limit of not less than $1,000,000 minimum per occurrence.

Coverage must be “Following Form” of the Contactor’s underlying Commercial General Liability, Auto Liability, and Employers Liability insurance coverage.

E. Contractor’s Commercial General Liability, Auto Liability, and Umbrella Excess Liability insurers agree to

waive rights of subrogation against The Homestead at Mills River Property Owners Association, it’s officers, directors, and representatives.

F. All coverage is to be provided by a carrier licensed and admitted to do business in the State of North

Carolina with a rating of at least “A- “(Excellent) by AM Best. G. Contractor agrees that coverage shall not be cancelled, non-renewed, or materially changed without at

least a 30-day written notice to the Property Management Company for The Homestead at Mills River POA. H. Contractor agrees to obtain and maintain Certificates of Insurance from all subcontractors prior to job site

access. I. Builders Risk Insurance - Coverage shall be obtained by either the Contractor or the lot owner.

• The Named Insured shall include the contractor, lot owner, and subcontractors. • Limit should be equal to the total cost of the project. • Coverage is to be provided on a replacement cost basis. • Coverage is to be written on an “All Risk” property form and shall extend to all material, equipment,

and supplies intended to become a permanent part of all project structures. Home Improvement - Builder Insurance Requirements:

• Based solely on ACC discretion and commensurate with the project size and complexity, insurance requirements outlined above (for New Home Construction) may be amended for home improvement projects based on the scope of work.

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APPENDIX C – New Home Construction Application Form

NEW HOME CONSTRUCTION APPLICATION

Date of Submission: ________________________

Lot Owner Name: _____________________________________________________________________________________________

Lot Owner Mailing Address: ____________________________________________________________________________________

Lot Owner Phone: __________________________ Lot Owner Email: __________________________________________________

HMR Lot #: _________________ HMR Lot Address: ________________________________________________________________

Builder-Company Name: _______________________________________________________________________________________

Builder Company Primary Contact: _______________________________________________________________________________

Builder Address: _____________________________________________________________________________________________

Builder Phone: _____________________________ Builder Email: ____________________________________________________

Design Architect Firm Name: ____________________________________________________________________________________

Design Architect Primary Contact: ________________________________________________________________________________

Design Architect Address: _______________________________________________________________________________________

Design Architect Phone: __________________________ Design Architect Email: __________________________________________

Landscape Architect Firm Name: _________________________________________________________________________________

Landscape Architect Primary Contact: _____________________________________________________________________________

Landscape Architect Address: ___________________________________________________________________________________

Landscape Architect Phone: ______________________ Landscape Architect Email:________________________________________

Other Agents Contact Info: _____________________________________________________________________________________ Project Targeted Start Date: ______________________________ Project Targeted End Date: _____________________________

Architectural Style of Home: ____________________________________________________________________________________

Fees Required for Preliminary Review:

• Architectural Preliminary Review Fee $ 500 Fees Required for Final Review:

• Architectural Final Review Fee $ 1000 • Landscape Review Fee $ 500 • Construction Inspections Fee $ 2750 • Homeowner Compliance Deposit $ 2500

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APPENDIX D – Preliminary Design Review Documentation Requirements The following documents are required input for the Preliminary Design Review process: 1. New Home Construction Application Form (See Appendix C)

2. Survey and Topo (1” = 30’)

3. Building Site Section (1/4” = 1’0”)

4. Floor Plan Drawings (1/4” = 1’); including square footage as follows:

• Total Square Footage • Total Heated and finished sf • Total Unheated sf • Total Main Level sf

5. Exterior Elevation Drawings (1/4” = 1’) detailing the following:

• All Sides of building shown • Roof type • All exterior materials identified and colors labeled (general color pallet acceptable)

6. Site Survey (1” = 30’); detailing the following:

• Property boundaries shown and labeled • Right of way shown and labeled • Set back lines shown and labeled • Existing contour lines (2’ intervals) • Adjacent land ownership • Location of all existing trees greater than 6” diameter (measured at a height of 36” above the ground)

7. Site Plan (1” = 30’); detailing the following:

• North arrow and graphic scale • Primary building footprint • Secondary buildings footprint • Proposed well location • Septic tank, drain fields, and repair areas • Proposed driveway • Front walkway • Retaining walls and approximate height • Proposed grading including proposed contours (2’ interval) • Drainage improvements - pipes, swales, and culverts • Proposed erosion control measures, including silt fences, sediment traps, inlet/outlet pipe protection,

check dams, and temporary construction site entrances (mud mats) • Clearly defined and identified boundaries for area of disturbance

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APPENDIX E – Final Design Review Documentation Requirements FINAL DESIGN REVIEW REQUIREMENTS:

1. Topographic Survey • Land contours • Streams / ponds • Trees

2. Site Survey

• Setbacks • Proposed location of buildings • Proposed location of driveway

3. Final Site Plan

• Plan Information • Title block • Scale and approximate true north point • Date of plan

• Lot Information • Property boundary lines • All setback lines – front, side, read • Easements indicated (ROW)

• Natural features • Major rock outcroppings • Location, size and species of existing trees over 6” in diameter • Any existing wetlands (ponds, streams, wetlands) • Identify all trees to be removed / trees to be retained (over 6” in diameter)

• Buildings and structures • Building location footprint and distance from all property lines, easements, and streets • Location and width of driveway footprint • Building envelope

• Infrastructure / other • Location of septic tank and leaching fields • Location of well • Location of utilities • Location of external HVAC equipment (air conditioning, generator, etc.) • Location, size and materials for proposed drainage

• Miscellaneous • Clearing limits clearly delineated • Erosion and sedimentation control plan including silt fences, sediment traps, inlet/outlet pipe

protection, check dams, and temporary construction sit entrances (mud mats) • Revegetation plan • Barrier fencing to protect trees and ground cover vegetation • Methods of controlling surface water • Siltation control • Temporary construction entrances (mud mat) • Locations for dumpster, porta-potty • Staging area for construction materials •

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4. Final Proposed Floor Plan Drawings (1/4” = 1’), inclusive of: • Plan Information

• Title block • Date of plan / versions • Total heated and finished square footage • Total unheated square footage (garage, decking, storage, etc.)

• Floor plan drawings • Fully dimensioned floor plans including decks, terraces, porches, and patios • Floor diagrams that identify room function, sizes, total heated and finished square footage, and

total unheated square footage on each level (main, upper, lower) • Garage square footage • Patio / decks square footage

5. Final Proposed Elevation Drawings (1/4” = 1’), inclusive of:

• Elevation Views • Front, sides and back of house with heights indicated from ground to top of roof Inclusive of decks and balconies

• Location and dimensions of all doors, windows, and other openings • Roof line and pitches • Bottom of footing / top of grade • Height of foundation (from top of grade) • Exterior lighting with fixture type and light source (i.e. lumens) • Exterior building materials selection, from finished grade to roof: Final roofing material and color selection Final window manufacturer, model, material and color selection Preliminary siding color selection (for all materials) Preliminary trim color selections (for all materials)

• Detail and Section Views • Roof / wall sections including eve and rake sections • Eave and cornice details • Chimney details / flue cap • Column details • Porch and deck details / handrail sections • Trim / fascia / rake detail and dimensions • Gable venting (if applicable) • Door headers / window jamb and sill details • Details necessary to explain all architectural features, materials and finishes to be used on the

exterior of the buildings

6. Preliminary Landscape Plan • Hardscaping:

• Retaining walls – location, height (approximate), and materials • Patios, terraces – size and location • Front Walkway • Firepit • Fencing – location, type, height and materials (inclusive of gates) • Exterior stairs and pathways

• Landscaping: • General plantings – trees, shrubs, groundcovers, lawns (specifications needed with final

landscape plan submission) • Screenings (if applicable)

• Location of mailbox (specification needed with final landscape plan submission)

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APPENDIX F – Site Plan Requirements

SITE AND GRADING PLAN REQUIREMENTS Lot # and address: ______________________________________________________________________ Homeowner Name: ______________________________________________________________________ Date of Inspection: _______________ Inspector: ______________________________________________ Survey Requirements - - Existing Conditions ____ Property Boundaries shown and labeled ____ Existing Roads or Driveways ____ Right of Way shown and labeled ____ Setback lines shown and labeled ____ Other Easements on or adjacent ____ Existing Utility locations ____ Existing Contour lines (2’ interval) ____ Existing Culverts or Drainage Structures ____ Adjacent Land ownership ____ Existing Streams or Wetlands ____ Existing Drainage Ditches ____ Rock Outcrops /Unique Features ____ Location of all existing trees greater than 6” diameter (measured at a height of 36” above” ground) Site Plan Requirements - Proposed Conditions ____ North Arrow and Graphic Scale ____ Project Location Map ____ Primary Building Footprint ____ Secondary Buildings Footprint ____ Garage, Carport Footprints ____ Limits of Roof Overhangs ____ Proposed Well location ____ Septic Tank, Drain Fields, and Repair areas ____ Identify all trees to be removed (within building envelope) ** red or pink ribbon at job site ____ Identify all trees to remain (within building envelope) ** white or yellow ribbon at job site *Intended materials and colors for each of these elements should be indicated on plans. ____ Decks and Patios * ____ Exterior Stairs and Pathways* ____ Proposed Driveway* ____ Front Walkway* ____ Patios and other paved surfaces* ____ Guest Parking / Auto Courts* ____ Fence location, type, and height indicated* ____ Retaining Walls and approximate heights* ____ Gates, Columns, Pillars* ____ Outdoor Kitchens* ____ Firepits* ____ Water Features, Fountain, Pools, Hot Tubs* Notes:

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APPENDIX G – Final Landscape Plan Document Requirements

FINAL LANDSCAPE PLAN REVIEW REQUIREMENTS Lot # and address: ______________________________________________________________________

Homeowner Name: ______________________________________________________________________

Date of Inspection: ________________ Inspector: ____________________________________________

Landscape Plan Requirements - ____ Hardscape improvements with proposed materials and colors indicated for each:

___ Driveways ___ Walkways ___ Patios ___ Terraces ___ Walls ___ Steps ___ Fencing

___ Other: ______________________________________________________________________ ____ Proposed location, make and color of mailbox post and mailbox ____ Proposed landscaping layout, indicating the locations for all proposed trees, shrubs, groundcovers,

perennials, lawns and meadow areas. ____ A plant list indicating the quantity, botanical name, common name, size and spacing for all proposed

plant materials. ____ Groundcover shown for all areas of the project that is disturbed ____ The location of all existing trees and preserved natural woodland areas. ____ Proposed site lighting with fixture type, location, materials and light source (bulb) type. ____ Proposed cleanup and stabilization measures for disturbed areas along community roadways or

common areas disturbed during construction. Notes:

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APPENDIX H – Change Request Form

NEW HOME CONSTRUCTION CHANGE REQUEST

Date of Submission: ___________________________ Project # _______________________________________

Lot Owner Name: __________________________________________________________________________________

Lot Owner Phone: __________________________ Lot Owner Email: ________________________________________

HMR Lot #: _________________ HMR Lot Address: ______________________________________________________

Prepared by: _______________________________________________________________________________________

Change Request Description (include as much detail as possible): ____________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

Approved Plans Effected (specify document and page number): ______________________________________________

Notes: • For changes that do not impact design drawings, specify N/A for Approved Plans Effected (eg paint color) • All other changes must include a new plan/drawing that reflects the requested change

Please check any documents/attachments you have included as required:

Updated elevation drawings Updated landscape design plans Updated site plan Material change samples Color change info: color name, color #, LRV # Stain color change info: stain name, stain color Tree removal (pictures) Other attachments (please include any documentation you think would speed the approval process)

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APPENDIX I – Infractions and Violations ACC Schedule of Infractions & Violations and Schedule of Fines FINE SCHEDULE: INFRACTIONS & VIOLATIONS – OTHER THAN TREE REMOVAL First Violation: Written Warning Second Violation: $ 500.00 Minimum (At ACC Discretion) Third Violation: $1,000.00 Minimum (At ACC Discretion) Continued violations or prior history of non-compliance may result in the builder’s loss of privilege to enter HMR on a temporary or permanent basis.

CONSTRUCTION INFRACTIONS & VIOLATIONS – Other than tree removal Mud Mat Not Installed or Maintained Silt/Erosion Fencing Not Installed or Maintained

Littered Job Sites / Blown Debris All Nuisance Violations (At ACC Discretion) Dumping/Washout of Concrete anywhere other than the building site Lost loads of any bulk material (gravel, sand, fill material, etc.)

Sanitary facilities on job site not properly located or Maintained Working outside of approved hours Parking violations on adjacent property Materials and/or Equipment on Right-of-Way

Damage to common natural areas (Plus Cost of Repair to Site) Minor Non-Approved Plan Changes Non-Approved Exterior Color Palette Changes

Significant Non-Approved Plan Changes Missed inspection Burning on Job Site or Property Construction Start without All Required Permits displayed on site- - Results in Construction Work Stoppage & Fine

TREE REMOVAL FINES Cutting of trees without prior ACC approval (for each tree size):

Trees between 6” and 11” diameter $1,000.00 Trees between 12” and 23” diameter $2,500.00 Trees 24” or greater diameter $5,000.00 Unauthorized tree removals may result in the requirement to replace the removed trees (At ACC Discretion), as follows:

Trees between 6” and 11” diameter 2” Caliper Compliant Tree

Trees between 12” and 23” diameter 4” Caliper Compliant Tree

Trees 24” or greater diameter 6” Caliper Compliant Tree

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APPENDIX J – Appeal Request Document Requirements Owners may appeal a decision made by the ACC by submitting a written appeal to the Board within thirty (30) days of the ACC’s decision. Contacting a board member directly will not be considered a valid request. The written request must contain the following information:

1. Date of Request

2. Lot Owner Name

3. Lot Number

4. Lot Owner Contact email

5. Lot Owner Contact phone number

6. ACC Decision being appealed (brief description)

7. Date of the ACC Decision

8. Rationale for alternate decision

9. Please include any documents, exhibits, etc. that you would like the board to consider

10. Are you requesting a formal hearing by the board? Y/N

11. Are you allowing the board to make its decision based on this information? Y/N

The owner may request a hearing to present the appeal to the Board in person. This hearing will

typically be held in conjunction with the next scheduled HMR POA Meeting (typically held monthly). If a hearing is requested, the Board will issue a decision on the appeal within 30 days of such hearing.

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APPENDIX K – Home Improvement Application Form

HOME IMPROVEMENT APPLICATION FORM

Owner (Applicant): __________________________________________________________________________________

Property Address: __________________________________________________________________________________

Zip: _________________________

Contractor Information: Contractor Name: _________________________________________________________________________________ Contractor Phone: _________________________________________________________________________________ Contractor Email: _________________________________________________________________________________ Project Start Date: ____/____/____ Project End Date: ____/____/____ Contact information should the Committee wish to contact you for additional information (please circle one): Phone: Home) ______________________ Work) ______________________ Cell) ___________________________ Mailing Address (if different than above): ___________________________________________ Zip: _______________ Email Address: _____________________________________________________________________________________ Modification or Addition Requesting:

Detached Structure/Building Solar Screen(s) Roof Fence Exterior Modifications Shed New Construction Landscaping Tree Removal Paint Hardscaping Other: _____________________ Retaining Wall Ornamentation ___________________________ Satellite Dish Patio / Arbor / Deck

Description of and reason for request (**Required**): _____________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Is this request in response to a violation letter we sent you? Yes No Please make sure you have attached/included all of the following information:

A completed Submission Form (including signature/date below the Owner Acknowledgement notice on next page)

Certificate of insurance from all contractors. If General Contractor is engaged, include copy of GC’s NC contractor license.

A description of the project, including height, width and depth, roofing materials, colors, etc.

A complete materials list of the project, including paint samples and/or stain color

A picture or drawing of the intended/existing project (sketches, clippings, catalog illustrations and other data or links to websites)

A site plan showing the location of the house along with any other structures on your lot and the proposed structure (including dimensions from the property line or other structures)

Please send your request to: [email protected]

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Owners Acknowledgements: I understand:

• That no work on this request shall commence until I have received approval of the Architectural Control Committee (ACC); • Any construction or alteration to the subject property prior to approval of the ACC is prohibited. If I have commenced or

completed any construction or alteration to the subject property and any part of this application is disapproved, I may be required to return the subject property to its original condition at MY OWN EXPENSE. If I refuse to do so and the POA incurs any legal fees related to my construction and/or application, I will reimburse the POA for all such legal expenses incurred.

• That any approval is contingent upon construction or alterations being completed in a neat and orderly manner; • That there are architectural requirements covered by the Covenants and a board review process as established by the

Board of Directors; • All proposed improvements to the property must comply with city, county, state and local codes. I understand that

applications for all required building permits are my responsibility. Nothing herein shall be construed as a waiver of modification of any codes. My signature indicates that these standards are met to the best of my knowledge.

• That any variation from the original application must be resubmitted for approval; • That if approved, said alteration must be maintained per the Declaration of Covenants, Conditions and Restrictions for the

POA. • This alteration will not detrimentally affect the proper drainage of any common areas or surrounding lots. I will be

responsible at my expense to correct any drainage problems to such areas that may occur as a result of this work or alteration.

• The Builder/Applicant acknowledges and agrees that the POA and ACC assume no liability resulting from the approval or disapproval of any plans submitted. The POA and ACC assume no liability and make no representations regarding the adequacy or quality of any submitted plans or whether such plans comply with any or all governing authority requirements. The ACC's review, comments, and/or approvals do not relieve the Builder/Applicant of their responsibility and obligation to comply with the Master CCRs, Architectural and Landscape Design Principles and Standards and ACC Policies and Procedures. The Builder/Applicant agrees to grant the ACC access to property at any reasonable hour to inspect for compliance issues.

• It is the duty of the owner and the contractor employed by the owner to determine that the proposed improvement is structurally, mechanically and otherwise safe and that it is designed and constructed in compliance with applicable building codes, fire codes, other laws or regulations and sound practices. Your association, the ACC and any employee or member thereof, shall not be liable in damages or otherwise because of the approval or non-approval of any improvement.

I certify that the above information is an accurate representation of the proposed improvements and that the work will conform to applicable codes, covenants and standards. I also certify that the improvements will be completed in accordance with the approved application. I understand that construction is not to begin until approval has been received from the ACC. The ACC has permission to enter the property to make inspections, as they deem necessary. Owner/Applicant Signature: ___________________________________________________ Date: _______________ Co-Owner/Applicant Signature: ________________________________________________ Date: _______________ Informational Addendum REVIEW PROCESS – The ACC Policies and Procedures documents stipulate the amount of time the ACC may take to render a decision. The ACC will make every reasonable effort to expedite the review process. Applications will be reviewed during the timeframe for completeness and the ACC may request additional information to help clarify your proposal. APPLICATION – The application must be accompanied with necessary documents, photos, drawings, brochures, and information necessary to present to the ACC. Property owners must sign the application. Contractor’s signatures for property owners will not be accepted. Modifications are not permitted to commence until the modification has been reviewed and approved by the ACC. NOTIFICATION - All owners will be notified in writing by mail (USPS) once the request has been approved or denied.

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APPENDIX L – Owner Affidavit

Owner Affidavit New Home and Home Improvement Construction

The Homestead at Mills River

I (we) hereby certify and acknowledge that I (we):

• Have received copies of ACC Architectural and Landscape Design Principles and Standards, and the ACC Policies & Procedures.

• Have read and understand the ACC Architectural and Landscape Design Principles and Standards, and the ACC Policies & Procedures.

• Will construct the subject home in accordance with all ACC Architectural and Landscape Design Standards, ACC Policies & Procedure, and Homestead at Mills River By-Laws, and Covenants, Conditions & Restrictions.

• Accept responsibility to specifically identify all elements of plans or designs that are inconsistent with ACC Architectural and Landscape Design Principles and Standards.

• Accept sole responsibility for the timely request of said variances.

• Certify that the Lot Owner is ultimately responsible for the Builder being fully compliant with all builder rules.

• Grant the POA’s representatives (ACC members and their consultants) access to my property during the duration of the project, to conduct inspections and follow-up on outstanding infractions.

Owner Name(s): __________________________________________ Property Address: __________________________________________ Owner’s Signature and Date: __________________________________________ __________________________________________

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APPENDIX M – Builder Affidavit

Builder Affidavit New Home and Home Improvement Construction

The Homestead at Mills River

I hereby certify and acknowledge that I:

• Have received copies of ACC Architectural and Landscape Design Principles and Standards, and the ACC Policies & Procedures.

• Have read and understand the ACC Architectural and Landscape Design Principles and Standards, and the ACC Policies & Procedures.

• Have reviewed and understand the Infractions, Violations and Schedule of Fines detailed in the ACC Policies & Procedures document – Appendix I.

• Will construct the subject home in compliance with the ACC Architectural and Landscape Design Principles and Standards, and the ACC Policies & Procedures.

• Am solely responsible for ensuring all builder representatives (employees, subcontractors, vendors of all kinds) are aware of all applicable Builder Rules and will comply with all Builder Rules.

• Will be compliant with all applicable governmental and regulatory agency laws, ordinances, and rules.

Owner Name(s): __________________________________________ Property Address: __________________________________________ Builder / Company Name: __________________________________________ Builder’s Signature and Date: __________________________________________

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APPENDIX N – Variance Request Form Complete the following information and submit to the ACC.

1. Date of Request:

2. Owner Name:

3. Owner Lot Number:

4. Owner Mailing Address:

5. Owner Contact Information:

• Email:

• Phone Number:

6. CC&Rs, and/or section(s) of the Design Standards for which a variance is being requested: (e.g. II.D Exterior Lighting, Flood lights)

7. Description of exception requested: (e.g. a 200w Flood on the SE corner of the Garage)

8. Reason for exception: (e.g. additional security, because of location, the light will not be visible from the road or any adjacent lots)

Signature: ________________________________ Date of Submission: ______________

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APPENDIX O – PERC Test Request Form

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APPENDIX P – Builder Approval Checklist – For Internal ACC Use Only The following checklist is used by the ACC in vetting a prospective home builder Lot Owner Name(s) Site Address Builder Name

1. Builder License Compliance

2. Insurance Compliance

3. Website

4. Builder Application Received

Number of new starts in the previous 24 months

Average number of new starts in prior 3 years

Number of new starts you anticipate in the next 12 months

Average cost for new starts in the past 36 months

Number of projects currently under construction

The type of work your direct employees self-perform on residential projects, versus work subbed out

An approximate percentage of sub contracted work, as measured by total cost of your residential projects

Approximate percentage of annual revenue derived from residential work versus commercial /

industrial

Experience with steep slope construction (we have a number of community lots that have a grade in excess of 30 percent)

5. Reference Check – current ACC Design and Landscape Architects and Civil Engineering Consultants

6. Reference Checks – banking and lending affiliations

7. Member of Professional Associations

8. BBB

9. Litigation Check

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APPENDIX Q – Builder Reference Checklist – for internal ACC use only The following checklist is used by the ACC in vetting a prospective home builder. Client Reference Interview Form – use when contacting each reference (mandatory minimum 3 completed projects over past 2 years)

Owner:

Builder:

Name of reference:

Where was build?

Did you use builder’s stock architectural plan?

Start date and finish date of build?

Was project on time and within budget?

Total conditioned square footage of home?

Types of work self-performed by builder?

Quality of sub-contractors used on the project?

Overall quality orientation of builder?

Issues during build? (need specifics)

Can we look at home (i.e., gated community)?

Would you use this builder again and recommend to others?

Additional Comments:

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APPENDIX R – Inspection Checklists

PRE-BUILD INSPECTION CHECKLIST

Lot # and address: _____________________________________________________________________

Homeowner Name: _____________________________________________________________________

Date of Inspection: ________________ Inspector: ____________________________________________

Weather Conditions: ______________________________________________________________________

Attendees: ______________________________________________________________________________

________________________________________________________________________________________

Pre-Build Requirements - - ___ Architecture, Site and Grading Plans have been approved by ACC ___ Proposed Building Location flagged in field Changes Required ___________________________ ___ Proposed Clearing limits flagged in field Changes Required ___________________________ ___ Driveway and lot access flagged in field Changes Required ___________________________ ___ Approximate location of well and septic flagged in field. ___ Approved Henderson County permits for Well and Septic location ___ Grading and Drainage appears to be adequate. Changes Required ___________________________ ___ Proposed erosion control appears to be adequate Changes Required____________________________ ___ List any specific areas with erosion potential. ___ Landscape intent and proposed character is suitable for property. Notes:

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FOUNDATION INSPECTION CHECKLIST Lot # and address: _____________________________________________________________________

Homeowner Name: ______________________________________________________________________

Date of Inspection: _______________ Inspector: _____________________________________________

Weather Conditions: ______________________________________________________________________

Attendees: _____________________________________________________________________________

________________________________________________________________________________________

Foundation Inspection Requirements - ___ There are no signs of Erosion or Runoff on or from the property ___ Mud Mat /Gravel entrance is installed, with no tracking of mud on roads ___ Driveway culverts and drainage is installed and operating properly ___ Silt Fences are installed and maintained ___ Grading is adequate and slopes are stabilized from erosion ___ All erosion controls are installed and stable ___ Natural Areas outside limits of disturbance are being protected ___ The job site is clean. ___ Control mud. Install mulch, gravel, or straw and seed all disturbed areas. ___ Tree protection, as needed, is in place. Notes:

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FINAL LANDSCAPE INSPECTION CHECKLIST

Lot # and address: _______________________________________________________________________

Homeowner Name: _______________________________________________________________________

Date of Inspection: _________________ Inspector: ____________________________________________

Weather Conditions: _______________________________________________________________________

Attendees: ______________________________________________________________________________

________________________________________________________________________________________

Final Landscape Inspection Requirements - ___ There are no signs of current or future Erosion or Runoff on or from the property ___ All disturbed areas are covered with no visible dirt or mud ___ All proposed drainage is installed and maintained ___ Tags, flags, and temporary erosion control measures have been removed ___ There are no significant changes from the site and grading approved plans ___ The landscape is installed per approved plan with no significant deviations ___ Lighting is installed per approved plans Notes:

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PERIODIC INSPECTION

Lot # and address: _______________________________________________________________________

Homeowner Name: _______________________________________________________________________

Date of Inspection: ________________ Inspector: _____________________________________________

Weather Conditions: ______________________________________________________________________

Attendees: _______________________________________________________________________________

________________________________________________________________________________________

Drive by Inspection Requirements - ___ The job site is clean. There are no signs of erosion or runoff problems. Please Fix the following immediately: ___ Mud Mat /Gravel entrance needs maintenance ___ Driveway culverts and drainage needs maintenance ___ Silt Fences need to be installed or maintenance ___ Grading needs to be stabilized from erosion ___ Control mud. Mulch, straw, or seed and straw all disturbed areas. ___ Natural Areas outside limits of disturbance needs further protection ___ There is a significant deviation from the approved plans. Notes:

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REFUND INSPECTION CHECKLIST Lot # and address: _______________________________________________________________________

Homeowner Name: _______________________________________________________________________

Date of Inspection: ________________ Inspector: _____________________________________________

Weather Conditions: ______________________________________________________________________

Attendees: _______________________________________________________________________________

________________________________________________________________________________________

Closeout Inspection Requirements - ___ There are no signs of current or future Erosion or Runoff on or from the property ___ All disturbed areas are covered with no visible dirt or mud ___ The project and all improvements follow the approved plans with no significant deviations. ___ The project and all improvements meet the requirements of the Design Guidelines Notes:

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APPENDIX S – Sample Document – Landscape Plan

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APPENDIX T – Sample Document – Site Plan


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